RAJU Vs. MANAGER, UNITED INDIA INSURANCE CO. LTD

JUDGEMENT

(1.) M.F.A. No. 8807/2015 has been filed by the claimants seeking enhancement of the amount of compensation, whereas M.F.A. No. 25/2015 has been filed by the insurance company being aggrieved, by the judgment dtd. 27/5/2016 passed by the Motor Accidents Claims Tribunal (hereinafter referred to as 'the Tribunal' for short). Since, both the appeals preferred under Sec. 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) arise out of the same accident as well as same judgment passed by the Tribunal, 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 26/6/2011, the deceased Naveen R was proceeding as a pillion rider in a motorcycle bearing registration No.MP-04-MR-8901. When he reached near Mandal Tyre Shop, JK Road, Bhopal, a truck bearing Registration No. MP-04-HB-2376 (hereinafter referred to as 'the offending vehicle' for short), which was being driven by its driver in a rash and negligent manner, dashed against the motorcycle in which the deceased was traveling. 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 29 years at the time of accident and was employed as a Senior Technical Assisstant at ISRO and was earning a sum of Rs.33,791.00 per month. It was further pleaded that accident took place solely on account of rash and negligent driving of offending vehicle by its driver. The claimants claimed compensation to the tune of Rs.4,00,00,000.00 along with interest.