DIVISIONAL MANAGER Vs. MAHANTESH S HULLYAL

JUDGEMENT

(1.) The Insurer being aggrieved by the quantum of compensation awarded by the District Judge, M.A.C.T., Fast Track Court, Haveri, in M.V.C.No.206/2011 has filed M.F.A.No.24710/2012. The claimants have followed suit and have sought enhancement of the compensation in M.F.A.Crob.883/2013.

(2.) The claimants are the mother and sisters of deceased Ningappa who met with an accident while he was riding his motorcycle on 26/3/2011. A lorry bearing registration No.KA-27/A-1509 being driven from the opposite direction in a rash and negligent manner, dashed against the deceased Ningappa who died at the spot. The deceased was employed as a teacher in a Government School and was stated to be drawing monthly salary of Rs.8,000.00. The claimants therefore claimed compensation of Rs.15.00 lakhs from the owner and the Insurer of the lorry.

(3.) The claim petition was opposed by the Insurer while the owner was placed exparte. The Insurer contended that since the vehicles were moving towards each other from the opposite sides, the accident was due to the composite negligence of the deceased as well as the driver of the lorry.