IFFCO TOKIO GENERAL INSURANCE CO.LTD Vs. SHRISHAILAPPA

JUDGEMENT

(1.) MFA No.20126/2013 is filed by the insurance company u/s 173(1) of the Motor Vehicles Act, (hereinafter it is referred to as "the M.V.Act "), while MFA Cross Objection No.100075/2018 is filed by the claimants under Order XLI Rule 22 of Code of Civil Procedure (for short 'CPC ') against the Judgment and Award dated 10.07.2012, passed in MVC No.536/2008, on the file of the Principle Senior Civil Judge and CJM and Member, Additional MACT, Dharwad (hereinafter it is referred to as "the tribunal ").

(2.) The facts leading upto filing of the present appeal and cross objection briefly stated are that on 14.05.2008 at about 12.30 p.m., one Mahatesh Shrishailappa Hampannavar was proceeding on Scorpio four wheeler bearing registration No.KA-25/MG-500 along with the driver Yallappa from Hubli to Dharwad. When they came on to the bypass road of Ittigatti village, driver of the Scorpio vehicle who was driving the same in rash and negligent manner and suddenly took turn to the left and on to the right and having lost control over the vehicle, the same turned turtle and fell into a ditch by the right side of the road. Due to the impact, the deceased-Mahantesh sustained grievous injuries and succumbed to the injuries on the spot.

(3.) Thereupon the claimants being the parents of the deceased filed claim petition u/s 166 of the M.V. Act claiming compensation in a sum of Rs.50,00,000/- on the premise that the deceased was studying in 5th semester in Engineering (E&C) and that the deceased was an intelligent student and claimants were fully hoping and depending upon his bright carrier and prospects. That he had very good opportunities after completing his Engineering, becoming a Software Engineer and progressing in his life. That the untimely death of the deceased at a very young age on account of the rash and negligent driving of the offending vehicle by its driver has caused serious emotional and financial distress to the claimants. Hence, sought for compensation.