NEW INDIA ASSURANCE CO. LTD. Vs. G.MADHUMATHI

JUDGEMENT

(1.) M.F.A.No.831/2015 has been filed by the claimants seeking enhancement of the amount of compensation, whereas, M.F.A.No.26/2015 has been filed by the insurance company under Sec. 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act, for short) against the judgment dtd. 10/10/2014 passed by the Motor Accident Claims Tribunal. Since, both the appeals arise out of the same accident and from the same judgment, they were heard together and are being decided by this common judgment.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 10/1/2012, the deceased SN Sathyanarayana was riding a moped bearing registration no.KA-05-HB-1193 on Nayandanahalli Ring Road, near Pantharapalya, Bangalore. At that time, a lorry (hereinafter referred to as 'the offending vehicle' for short) bearing Registration No. MP-09-HG-0340, which was being driven by its driver in a rash and negligent manner, came from the hind side and dashed against the moped of the deceased. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the same.

(3.) The claimants thereupon filed a petition under Sec. 166 of the Act claiming compensation on the ground that the deceased was aged about 55 years at the time of accident and was employed as a Relationship Manager at ING Vyasya Bank, Sadashivanagara and was earning a sum of Rs.10,27,620.00 per annum. It was further pleaded that accident took place solely on account of rash and negligent driving of the offending vehicle by its driver. The claimants claimed compensation to the tune of Rs.5,00,00,000.00 along with interest.