LAWS(KAR)-2022-8-607

MAHADEVI Vs. SANTOSH

Decided On August 18, 2022
MAHADEVI Appellant
V/S
SANTOSH Respondents

JUDGEMENT

(1.) Though this appeal as well as cross objection are listed for admission, they are taken up for final disposal, with the consent of learned counsel for both the parties.

(2.) The insurer-New India Assurance Company is in appeal in MFA No. 100226/2019 challenging the liability as well as quantum of compensation awarded to the claimants, whereas the claimants are in cross objection in MFA Crob No. 100056/2019 praying for enhancement of compensation, not being satisfied with the quantum of compensation awarded under judgment and award dtd. 20/9/2018 passed in MVC No. 1269/2016 on the file of the learned Senior Civil Judge and Addl. MACT, Bailhongal (for short, 'Tribunal').

(3.) The claimants, who are the wife, children and parents of the deceased Iranagouda M Patil, filed a claim petition under Sec. 166 of the Motor Vehicles Act, 1988 seeking compensation for the accidental death of deceased Iranagouda M Patil that took place on 3/1/2016 involving Tractor bearing registration No. KA-24/TA-6272 and TATA Tipper vehicle bearing registration No. GA-09/U-2513. It is stated that the deceased was aged 34 years as on the date of the accident and earning Rs.20.00 lakhs per annum by doing agricultural work; earning not less than Rs.8,00,000.00 per annum by doing sugarcane transport business and also earning Rs.2,00,000.00 by giving the Tractor on hire for carrying out agricultural operations.