N.S. SUMA AND SMT. S. PUTTAMMA Vs. IBRAHIM, SMT. GIRIJAMMA AND THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) THESE appeals by the claimants and by the insurer are directed against the same judgment and award dated 12/08/2010 passed in MVC No. 350/2009, by the Principal Civil Judge (Sr. Dn) and Motor Accident Claims Tribunal -IV, Davanagere, (for short 'Tribunal'). The Tribunal by its judgment and award has awarded a sum of Rs. 5,19,000/ - under different heads with interest at 6% per annum from the date of petition till the date of deposit, as against the claim of the claimants for a sum of Rs. 80,75,000/ -, on account of the death the deceased Sri. G.S. Sathish, in the road traffic accident.

(2.) IT is the case of the claimants that the quantum of compensation awarded by the Tribunal is inadequate and it requires to be enhanced. Whereas, 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 that the Tribunal has erred in not fixing contributory negligence on the part of the deceased and therefore, it is liable to be modified, fixing reasonable contributory negligence on the part of the deceased.

(3.) IT is the further case of the claimants that, deceased was aged about 43 years, hale and healthy prior to the accident and was earning Rs. 20,000/ - per month as he was a progressive agriculturist owning agricultural land as per Ex. P. 11 to 15 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.