M/S. THE ORIENTAL INSURANCE COMPANY LIMITED, REP. BY ITS REGIONAL MANAGER Vs. SMT. SADHU MADIVALTHI AND ORS.

JUDGEMENT

(1.) THESE two appeals by the Insurer and by the claimants are directed against the same judgment and award dated 06/08/2009 passed in MVC No. 491/2006, by the Additional Civil Judge (Sr. Dn.) and Motor Accident Claims Tribunal, Udupi, (for short 'Tribunal'). The Tribunal by its judgment and award has awarded a sum of Rs. 4,74,000/ - under different heads with interest at 6% per annum from the date of petition till realization, as against the claim of the claimants for a sum of Rs. 20/ - lakhs, on account of the death the deceased Sri. Gopala Madivala, in the road traffic accident.

(2.) IT is the case of the Insurer that the quantum of compensation awarded by the Tribunal is disproportionate to the source of income of the deceased and therefore, it is liable to be reduced Whereas, it is the case of the claimants that the quantum of compensation awarded by the Tribunal is inadequate and it requires enhancement. In brief, the facts of the case are:

(3.) IT is the further case of the claimants that, deceased was aged about 30 years, hale and healthy prior to the accident and was owner - cum -driver of the auto bearing No. KA.20.A.7064 and earning a sum of Rs. 7,500/ - per month and also running rice mill and earning Rs. 7,500/ - per month and in all, Rs. 14,500/ - per month and contributing the same to the family. Due to his untimely death, claimants have lost their bread earner and put to great hardship, apart from mental shock and agony.