UNITED INDIA GENERAL INSURANCE CO LTD Vs. HUSSAIN

JUDGEMENT

(1.) Mfa No.200747/2016 is filed by the United India Insurance Company Limited under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') and MFA CROB No.200048/2020 is filed by the claimants under Order 41 Rule 22 of Code of Civil Procedure, 1908 against the judgment and award dated 05.02.2016 passed in MVC No.311/2013 on the file of the Addl. Senior Civil Judge and Addl. Motor Accident Claims Tribunal, Bidar (hereinafter referred to as 'the Tribunal').

(2.) Facts giving rise to filing of the above appeal and cross-objection are that, on 20.02.2013 at about 4.30 p.m., deceased - Venkat Kulkarni was traveling towards Gulbarga from Bidar on Gulbarga- Humnabad Road in an Alto Car bearing Reg.No.KA-05-MJ-5068 along with one Mr. Suryakanth. The deceased was driving the said car and when they reached near Bhavani temple near Uploan cross, a Indica Vesta Car bearing Reg.No.KA-33/A-5000 belonging to the respondent No.1 driven by its driver in a high speed with rash and negligent manner came and dashed the aforesaid Alto Car. As a result of which, deceased sustained head injuries and succumbed to the same on the spot.

(3.) The claimants being the wife, daughter, son and mother of the deceased filed petition under Section 166 of the Act seeking compensation of Rs.45,00,000/- together with interest @ 12% per annum on the ground that the deceased was hale and healthy and was aged about 59 years and he was working as a Co-ordinator in Block Education Office and was getting a salary of Rs.40,208/- per month. That the deceased was only earning member of the family and the untimely death of the deceased had caused hardship to the claimants. The death was due to the rash and negligent driving of the offending vehicle.