MANAGER, RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs. KAVITA

JUDGEMENT

(1.) Both the appeal and the cross-objections arise from the judgment and award, dtd. 10/6/2021, passed in M.V.C. No.1095/2020 by the V Additional District Judge and Member, Additional Motor Accident Claims Tribunal, Belagavi (for short, 'the Tribunal').

(2.) The insurance company is before this Court in M.F.A. No.101340/2021 challenging saddling of the liability as well as the quantum of compensation awarded, whereas the claimants are before this Court in M.F.A. Crob. No.100075/2021 praying for enhancement of compensation not being satisfied with the compensation awarded by the Tribunal.

(3.) The claimants, who are the wife, child and parents of the deceased Sri. Rakesh Mahadev Rogi, filed a claim petition under Sec. 166 of the Motor Vehicles Act, 1988 (for short, the 'MV Act') seeking compensation for the accidental death of deceased Sri. Rakesh Mahadev Rogi that took place on 27/12/2019 involving Ashok Leyland Truck bearing registration No.MH-09/CV-4646. It was stated that Sri. Rakesh Mahadev Rogi was traveling in the said Truck as a Cleaner and due to the accident, he suffered grievous injuries and died on the spot. It was stated that the deceased was aged 23 years as on the date of the accident, and he was getting daily wage Rs.400.00 and batta of Rs.100.00 per day.