D. HAMALATHA Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) These two appeals are respectively by the claimants and the insurer being aggrieved by the impugned judgment and award dated 07.09.2011 passed in MVC No.1041/2005 on the file of the Member, Motor Accident Claims Tribunal-III & II Addl. District Judge, D.K., Mangalore, (hereinafter referred to as Tribunal for short), for enhancement and reduction of compensation, respectively.

(2.) By its judgment and award, the Tribunal has awarded a sum of Rs.26,51,571/- with interest at 6% p.a., from the date of petition till its realization as against the claim made by the claimants on account of the death of the deceased-D. Manjunatha in the road traffic accident. It is contention of the claimants that the quantum of compensation awarded by the Tribunal is inadequate and requires enhancement. Whereas, the learned counsel for insurer contends that the quantum of compensation awarded by the Tribunal is disproportionate to the source of income of the deceased and also the Tribunal has erred in not fixing contributory negligence reasonably on the part of the driver of the taxi hired by the deceased. Being aggrieved by the quantum of compensation awarded by the Tribunal, claimants have presented MFA No.11293/2011 and insurer has presented MFA No. 11535/2011.

(3.) In brief, the facts of the case is as under: Claimants 1, 2 and 3 are none other than the wife, daughter and the son of the deceased and they have filed a claim petition under Section 166 of MV Act claiming compensation against the insurer and owner of the offending vehicle, contending that, when the deceased was travelling on 12.03.2005 in a hired taxi bearing Registration No. KA-19/AE-4554 to go to Mopusa, he met with an accident due to the rash and negligent driving by the driver of the offending vehicle bearing Registration No.KA-01/D-2391.