ORIENTAL INSURANCE CO. LTD, Vs. KAVITHA Y. S.

JUDGEMENT

(1.) Mfa No.4360/2017 has been flied by the claimants seeking enhancement of compensation, whereas, MFA No.4492/2017 has been filed by the Insurance Company under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short), being aggrieved, by the judgment dated 22.02.2017 passed by the Motor Accident Claims Tribunal (hereinafter referred to as 'the Tribunal' for short) in M.V.C.No.661/2016. Since, both these appeals are directed against the same judgment and arise from the same accident, they were heard analogously and are being decided by this common judgment.

(2.) Facts leading to filing of these appeals briefly stated are that on 20.12.2015, the deceased Shivanna was riding a motor cycle bearing Registration No.KA-05-JP-6020 near Kalya Sripathi Halli, Magadi. At that time, a lorry bearing Registration No.KA-40-4050, which was being driven by its driver in a rash and negligent manner, came from the opposite direction and dashed against the motor cycle which the deceased was riding. 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 Section 166 of the Act claiming compensation on the ground that the deceased was aged about 34 years at the time of accident and was engaged as a driver and was earning a sum of Rs.25,000/- per month. It was further pleaded that accident took place solely on account of rash and negligent driving of the lorry by its driver. The claimants claimed compensation to the tune of Rs.25,00,000/- along with interest.