UNITED INDIA INSURANCE CO. Vs. NARAYANA BHAT

JUDGEMENT

(1.) M.F.A.No.8057/2015 and M.F.A.No.8058/2017 have been filed by the insurance company under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) against the judgment dated 15.06.2015 passed by the Motor Accident Claims Tribunal (hereinafter referred to as 'the tribunal1 for short). Since, both the appeals arise out of the same accident and from the same judgment, they were heard analogously and are being decided by this common judgment.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 26.10.2007, the deceased Krishna Kumar and the deceased Shankar N Bhat were proceeding in a car bearing registration No.GJ-6-AH-122. When they reached near Sanabagate, a goods lorry bearing Registration No.KA-12-3556 which was being driven by its driver in a rash and negligent manner, came from the opposite direction and dashed against the vehicle of the deceased. As a result of the aforesaid accident, the deceased sustained multiple grievous injuries and succumbed to the same.

(3.) The claimants of the deceased Krishna Kumar in MFA 8057/2015 thereupon filed a petition under Section 166 of the Act claiming compensation on the ground that the deceased was aged about 36 years at the time of accident and was engaged in the business of electrical works and was earning a sum of Rs.7,50,000/-per annum whereas the claimants of the deceased Shankar N Bhat in MFA 8058/2015 also filed a petition under Section 166 of the Act claiming compensation on the ground that the deceased was aged about 40 years at the time of accident and was engaged in the real estate business and was earning a sum of Rs.40,000/-per month. The claimants claimed compensation to the tune of Rs.65,00,000/- along with interest. It was further pleaded in both the claim petitions that accident took place solely on account of rash and negligent driving of the lorry by its driver.