SUSHEELAMMA Vs. RELIANCE GEN. INS. CO. LTD

JUDGEMENT

(1.) MFA No.9317/2015 has been filed by the Insurance Company whereas MFA No.4825/2015 has been filed by the claimants under Sec. 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) against the judgment dtd. 15/4/2015 passed by the Motor Accident Claims Tribunal. Since both the appeals arise out of the same accident and the same judgment, they were heard analogously and have been decided by this common judgment.

(2.) Facts giving rise to the filing of the appeals briefly stated are that on 20/11/2013, at about 1.00 a.m., the deceased was walking on the extreme left side of Ramamurthynagar main road, near railway bridge along with his friend. At that time, a car bearing registration No.KA-03 AB-540 which was being driven by its driver in a rash and negligent manner, dashed against the deceased from behind. As a result of the impact of the accident, deceased fell down and succumbed to the injuries.

(3.) The claimants thereupon filed a petition under Sec. 166 of the Act claiming compensation on the ground that the deceased was aged about 25 years at the time of accident and was working as a driver and was drawing a salary of Rs.10,000.00. It was further pleaded that accident took place solely on account of rash and negligent driving of the driver of the offending car. An amount of Rs.30,00,000.00along with interest was claimed as compensation.