RUKAMAVVA Vs. DUNDAPPA

JUDGEMENT

(1.) These two appeals by the claimants in MFA No.102403/2016 and MFA No.102404/2016 lay a challenge to the common Judgment and different Awards dated 23.11.2015 entered by the Addl. MACT, Belagavi. The claimants in MVC No.357/2014 have been awarded a compensation of Rs.9,80,800/- and the claimants in MVC No.358/2014 are awarded a compensation of Rs.10,48,100/-. In both Awards interest is 6% and there is a common condition of making bank deposit. The appeals are founded on the ground of inadequacy of compensation and non placing of award liability on the 4 th respondent insurer namely Shriram General Insurance Co. Ltd, to the extent of 50%.

(2.) The fact matrix of the case is already discussed in the companion appeals in MFA No.102085/2016 C/w.MFA No.102086/2016 disposed of this day by separate judgments. It is an unfortunate and ghastly accident wherein several persons lost their lives including the two involved in the present appeals. The claim petitions were resisted by both the insurers by filing the Written Statement. A common trial was held and the impugned Judgment and Awards have been passed.

(3.) Having heard the learned counsel for the parties and having perused the appeal papers, we are inclined to grant enhancement of compensation in both these appeals as under and for the following reasons.