MANAGER, ORIENTAL INSURANCE CO , LTD AND ORS Vs. RAMILA BEN RATHANJI NAKRANI, W/O RATHANSI M PATEL 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.

(2.) 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.

(3.) 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.