UNITED INDIA INSURANCE COMPANY LIMITED THROUGH ITS DIVISIONAL MANAGER Vs. SHANTABAI, LAXMIBAI AND NINGANAGOUDA

JUDGEMENT

(1.) THOUGH these appeals are listed today for orders, by consent of the learned counsels appearing on both sides, matters are heard for final disposal. These appeals, one by the Insurer and other by the claimants are directed against the judgment and award dated 25.09.2008 passed by the Civil Judge (Sr.Dn.), Member, MACT, Muddebihal, in MVC No. 177/2006.

(2.) THE occurrence of the accident involving the motor vehicle bearing Registration No. KA.28/6736 at about 1.30 p.m. on 23.06.2007 on Muddebihal -Basarakod Road and the consequent death of Basalingappa @ Raju, a passenger in the said vehicle is not in dispute. In respect of the death of the said Basalingappa, his mother and sister filed claim petition seeking compensation alleging that the accident was due to the negligent driving of the said vehicle by its driver. The claim petition was filed against the owner and insurer of the offending vehicle. Both of them appeared before the Tribunal pursuant to service of notice and contested the petitions. The owner of the offending vehicle contended that the vehicle was validly insured with the United India Insurance Co. Ltd. and the policy was in force as on the date of the accident, therefore, he is entitled to be indemnified by the insurer.

(3.) THE parties led evidence in support of their rival contentions. The Tribunal on appreciation of oral and documentary evidence, by the judgment under appeal, held that the accident was due to the negligence of the driver of the offending vehicle, in which the deceased was proceeding as a passenger and therefore, the claimants are entitled for compensation. The Tribunal for the purpose of computing Loss of Dependency took last pay drawn by the deceased working as Village Accountant and after doubling the same, took average as Rs. 9,473/ - and by deducting 1/3rd of the same and by adopting the multiplier of '17', computed the Loss of Dependency at Rs. 12,91,048/ -. To this, the Tribunal awarded Rs. 5,000/ - to each of the claimants towards loss of love and affection, Rs. 2,000/ - towards transportation of dead body and Rs. 3,000/ - towards funeral expenses. Thus, the Tribunal in all awarded Rs. 13,06,048/ - and directed the insurer to pay the said amount with the interest at 6% pa. from the date of the payment till date of realization. Being dissatisfied with the quantum of compensation, the claimants have presented MFA No. 30557/2008, while being aggrieved by the award saddling the liability to satisfy the award, the insurer presented MFA No. 30043/2009.