UNITED INDIA INSURANCE CO LTD ; V ANITHA GANGADHARA W/O LATE S GANGADHARA AND ORS Vs. V ANITHA GANGADHARA W/O LATE S GANGADHARA; VISHWAS S/O LATE S GANGADHARA AND ORS

JUDGEMENT

(1.) The instant appeal and cross objection are arising out of the impugned judgment and award dated 27.09.2007 passed in MVC No. 7450/2004 on the file of the III Additional Judge and Motor Accident Claims Tribunal, Bangalore (SCCH-18), (hereinafter referred to as 'Tribunal' for short).

(2.) By its judgment and award, the Tribunal has awarded a sum of Rs. 5,90,000/- with interest at 6% p.a., from the date of petition till realization as against the claim made by the claimants for a sum of Rs.50,00,000/-, on account of the death of the deceased in the road traffic accident.

(3.) It is specific case of the insurer that the second application filed under Section 166 of MV Act cannot be maintained and is liable to be set aside on the ground that, during the life time of the deceased the deceased himself had filed an application under Section 166 for the injuries sustained in the road traffic accident and the same was allowed by awarding some compensation. Whereas, the learned counsel appearing for the Cross-Objectors contended that, there is no prohibition for filing second claim petition under Section 166 of MV Act in the light of the judgment of Full Bench reported in the case of Kannamma v. Deputy General Manager, KSRTC, 1990 3 KarLJ 605 and submits that the quantum of the compensation awarded by the Tribunal is inadequate and requires enhancement.