RENUKA W/O S H THALAVAR; SIDDASHREE, D/O S H TALVAR,; DIVISIONAL MANAGER, UNTIED INDIA INSURANCE CO , LTD Vs. N KANNAN, S/O NATESHJA MUDALLAR; ORIENTAL INSURANCE CO , LTD ; UNITED INSURANCE CO , LTD ,; VIJAYAKUMAR, S/O GAVISIDDAPPA Y GONDABAL; N KANNAN, S/O A NATESHA MUDLIAR,; DIVISIONAL MANAGER, ORIENTAL INSURANCE CO , LTD ,; RENUKA,W/O S H THALVAR

JUDGEMENT

(1.) Two appeals by the claimants- the legal representatives of the deceased Sri. S.H. Talwar and Smt. Hanumavva and five appeals by the Insurer of the Car-United Insurance Company Limited, are arising out of the common judgment and award dated 24/06/2008 passed in MVC Nos.440/2004, 915/2004, 450/2004, 440/2004, 439/2004, 438/2004 & 450/2004 respectively by the C/c I Additional Civil Judge (Sr.Dn) and Additional Motor Accident Claims Tribunal, Chitradurga, (hereinafter referred to as 'Tribunal' for short).

(2.) It is the case of the claimants in MVC Nos.440/2004 and 450/2004 (MFA No.2288/2009 and MFA Nos.2369/2009) that the compensation awarded by the Tribunal on account of the death of the deceased Sri. S.H. Thalavar and Smt. Hanumavva is inadequate and it requires enhancement. Whereas, it is the case of the Insurer of the car in these appeals that, the direction issued by the Tribunal to indemnify the award amount without issuing any direction to the Insurer of the lorry cannot be sustained and is liable to be modified, fastening the liability in the ratio of 50% each on the drivers of the Car as well as the Lorry.

(3.) In brief, the facts of the case in these appeals are: The claimants in MVC Nos.440/2004 and 450/2004 (MFA No.2288/2009 and MFA Nos.2369/2009) are the legal representatives of the deceased Sri. S.H. Talavar and Smt. Hanumavva. That on 2.2.2004 the deceased Vishwanatha, Hanumavva, Talavar and VIjayakumar along with others were going in a Maruthi car bearing No.KA.17.M.4625 to go to Channagiri and their car was driven by driver and when it came near Bogalerahatty village, at that time, a goods vehicle which was coming from Chitradurga side dashed against the Maruthi Car and it was a head on collision. Thereby, the inmates of the car sustained injuries and due to injuries, Vishwanath, Hanumavva and S.H. Thalavar died and others sustained injuries.