P.RUKMINI Vs. TATA AIG GENERAL INSURANCE COMPANY

JUDGEMENT

(1.) These Miscellaneous First Appeals are filed against the common judgment and award dtd. 1/9/2016 made in MVC No.5424/2014 on the file of the Member, Principal Motor Accident Claims Tribunal, Bangalore awarding total compensation of Rs.9,97,252.00 and after deducting 25% towards the contributory negligence on the part of the deceased, holding that the claimants are entitled for compensation of Rs.7,48,000.00 with interest at the rate of 9% per annum from the date of petition till realization.

(2.) MFA No.8355/2016 is filed by the claimants for setting aside the contributory negligence on the part of the deceased and also for enhancement of compensation. MFA No.7842/016 is filed by the Insurance Company for setting aside the impugned judgment & award passed by the Tribunal on the ground that the insured car has been falsely implicated to secure the compensation from the Insurance Company illegally.

(3.) It is the case of the claimants that they are the wife and children of the deceased Padmanabhan. They have filed the claim petition under the provisions of 166 of the Motor Vehicles Act claiming compensation of Rs.30,00,000.00 contending that on 14/10/2014 at about 8.15 p.m. when the deceased Padmanabhan was crossing Hosur road near Patiyala Bank, Singasandra by observing traffic on the road, at that time, the driver of the car bearing Registration No.KA-01-MC4272 came from Kudlu gate towards Electronic city on Hosur road in a rash and negligent manner and dashed against the deceased. Due to the impact, the deceased fell down and sustained grievous injuries. Immediately after the accident, the deceased was shifted to Blossom hospital and then shifted to Sparsh hospital and on the way to the said hospital, he succumbed to the injuries. Post-mortem was conducted in the Victoria hospital and body was handed over to the family members of the deceased to perform the last rites and they have spent Rs.1,00,000.00 for funeral and obsequies ceremonies. It is further case of the claimants that as on the date of the accident, the deceased was hale and healthy and he was aged about 48 years and was working as weaver and was earning Rs.10,000.00 per month. Due to the demise of the deceased, the claimants have lost the only earning member of the family. The accident occurred due to the rash and negligent driving of driver of the offending vehicle and the jurisdictional Police have registered the case against him under the provisions of Ss. 279 and 304A of IPC and Sec. 134(A and B) and 187 of the Motor Vehicles Act. Thereby, the 1st respondent being the insurer and the 2nd respondent being the owner of the offending vehicle are jointly liable to pay compensation.