(1.) Mfa No.2543/2018 has been filed by the claimants seeking enhancement of compensation whereas MFA No.2653/2018 has been filed by the Insurance Company, in which the finding with regard to negligence as well as quantum of compensation has been challenged, against the judgment dated 16.12.2017 passed by the Motor Accident Claims Tribunal. Since both the appeals arise from the same accident and from the same judgment, they were heard together and are being decided by this common judgment.
(2.) Facts leading to filing of these appeals briefly stated are that on 21.09.2016 at about 8.15 p.m. deceased was driving a goods auto bearing registration No.KA 10 A-0876 towards Hunsur, at that time, one goods vehicle bearing registration No.KA-09 C-4005 (hereinafter referred to as 'the offending vehicle' for short) which was being driving in a rash and negligent manner and in a high speed, dashed against the vehicle of the deceased. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the same.
(3.) Thereupon, the claimants filed petition under Section 166 of the Motor Vehicles Act, 1988 inter alia on the ground that the accident has taken place solely on account of rash and negligent driving of the driver of the offending vehicle. It was further pleaded that the deceased was aged about 25 years at the time of accident and was a driver in occupation and used to earn Rs.12,000/- p.m. along with bata of Rs.250/- per day. Accordingly, the claimants claimed compensation to the extent of Rs.37,00,000/- along with interest.