NEW INDIA ASSURANCE CO LTD AND ORS Vs. JASMINE W/O LATE SUNIL JOHN; MASTER JONATHAN S/O LATE SUNIL JOHN AND ORS

JUDGEMENT

(1.) MFA No. 5287/2009 filed by the claimants seeking enhancement of compensation is dismissed for non-compliance of office objections. MFA No. 9588/2006 is preferred by the Insurance Company challenging the award. Though MFA No. 5287/2009 is dismissed for non-compliance of office objections, in the interest of justice, we restore the same, hear that appeal along with the appeal filed by the Insurance Company and pass this common order.

(2.) For the purpose of convenience, the parties in these appeals would be referred to by their rankings as they are arrayed in the claim petitions before the Tribunal.

(3.) The first claimant claims to be the wife of one Sunil John, who died in a motor accident on 8.7.1994. The second claimant is the son of the first claimant. The case of the claimants is that the husband of the claimant No. 1 Sunil John was going in a car bearing CAR No. 9998 on Bangalore-Bellary Road, near Agricultural University Bus stop. At that time, the respondent No. 2 drove the lorry bearing No. MYE 5432 in a rash and negligent manner and dashed against a pedestrian, BTS bus bearing No. KA01 F 211 and thereafter dashed against the car bearing No. CAR 9998 in which the deceased was going. On account of the accident, Sunil John sustained grievous injuries and in fact, he died on the spot. The claimants contend that they have spent huge expenses for transportation of his dead body and performing funeral.