THE MANAGER, THE ORIENTAL INSURANCE CO., LTD. THROUGH ITS REGIONAL OFFICE REP. BY ITS DEPUTY MANAGER Vs. RAMILA BEN RATHANJI NAKRANI AND ORS.

JUDGEMENT

(1.) THESE two appeals respectively by the Insurer and the claimants are directed against the same common judgment and award dated 26th June 2012, passed in MVC No. 6839/2010, by the Member, Principal Motor Accident Claims Tribunal, Bangalore, (for short, 'Tribunal'), awarding compensation of Rs. 23,57,000/ - with 6% interest per annum, on account of the death of the deceased late Rathansi M. Patel, in the road traffic accident. While the Insurer has filed the appeal for reduction of compensation on the ground that, the compensation of Rs. 23,57,000/ - with 6% interest per annum, awarded in favour of the claimants is on the higher side; the claimants have filed the appeal seeking enhancement of compensation on the ground that the compensation of Rs. 23,57,000/ - awarded by Tribunal is inadequate and needs to be enhanced.

(2.) THE facts in brief are that, the claimants are the wife, children and father of the deceased Rathansi M. Patel. They filed the claim petition under Section 166 of the Motor Vehicles Act, seeking compensation of Rs. 51.00 lakhs, contending that, at about 7:45 P.M., on 30 -07 -2010, when the deceased along with another was standing on the left side of NH4, Bangalore Tumkur Road in front of Sateesh Petrol Bunk to cross the road, at that time, a Lorry bearing Registration No. KA -52/3208, came on the wrong side, being driven by the driver of the said Lorry in a rash and negligent manner dashed against them. As a result of the same, they suffered grievous injuries, but unfortunately, the deceased Rathansi M. Patel succumbed to the injuries on the spot.

(3.) ON account of the death of the deceased in the road traffic accident, the claimants filed the claim petition before the Tribunal, seeking compensation of a sum of Rs. 51,00,000/ - against the owner and Insurer of the offending vehicle. The said claim petition had come up for consideration before the Tribunal on 26th June, 2012. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 23,40,000/ - under different heads, with 6% interest per annum, from the date of petition till the date of deposit. Being aggrieved by the quantum of compensation awarded by the Tribunal, the Insurer is in appeal before this Court, seeking reduction of compensation and the claimants also are in appeal seeking enhancement of compensation.