UJAWALA Vs. SIDDESHWAR

JUDGEMENT

(1.) MFA No.103558/2019 is filed by the appellants- claimants, who are the legal heirs of deceased Santhosh, seeking for enhancement of compensation. MFA No.103500/2019 is filed by the appellant- Reliance General Insurance Company challenging the liability as well as the quantum of compensation awarded by the Tribunal vide judgment and award dtd. 17/6/2019 passed by the Addl. MACT and Senior Civil Judge, Khanapur in MVC No.826/2016.

(2.) Brief facts giving raise to filing of these appeals are that on 6/3/2016 at about 6.45 p.m. one Santosh Mahadev Ghadi was proceeding on motorcycle bearing No.KAGA-05/K-3830 from his village to Goa on Khanapur-Hemmadaga road. At that time, near Dongargao cross, one Mahindra Bulero vehicle bearing No.KA-22/B-4535 came from opposite direction in a high speed, rash and negligent manner and dashed to the motorcycle resulting in the death of Santosh Ghadi. The legal representatives of the deceased Santosh filed a claim petition under Sec. 166 of Motor Vehicle Act, 1988 seeking compensation.

(3.) It is averred that prior to the accident, the deceased was hale and healthy, working in MRF Tyre Factory at Tisk Phonda-Goa as operator and earning Rs.35,000.00 p.m. It is further averred that respondent No.1 being the driver, respondent No.2 being the owner and respondent No.3 being the insurer of the offending vehicle, are jointly and severally liable to pay compensation.