FIRDOSE UNNISA Vs. SHUKOOR AHAMED

JUDGEMENT

(1.) M.F.A.No.4999/2019 has been filed by the claimants seeking enhancement of the amount of compensation, whereas, M.F.A.No.9992/2018 has 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 25.08.2018 passed by the Motor Accident Claims Tribunal. Since, both the appeals arise out of the same accident and from the same judgment, 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 02.04.2015, the deceased Khazi Saleemuddin was proceeding in a car bearing Registration NO.KA-03-MK-5044 near Halehalli Gate, National Highway 13. At that time, the driver of the car drove the same in a rash and negligent manner in order to overtake a lorry and dashed against a Karnataka State Road Transport Corporation (hereinafter referred to as 'the KSRTC for short) which was coming from the opposite direction. 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 Section 166 of the Act claiming compensation on the ground that the deceased was aged about 24 years at the time of accident and was engaged as a wood planning worker and was earning a sum of Rs.30,000/- per month. It was further pleaded that accident could have been avoided if the driver of the KSRTC bus had put in efforts to avoid the occurrence of the accident. The claimants claimed compensation to the tune of Rs.43,60,000/- along with interest.