LAWS(KAR)-2023-6-1438

RELIANCE INSURANCE CO. LTD Vs. GANESH ACHARYA

Decided On June 30, 2023
Reliance Insurance Co. Ltd Appellant
V/S
Ganesh Acharya Respondents

JUDGEMENT

(1.) In these appeals, the appellants have challenged the judgment dtd. 29/12/2015 passed in M.V.C.No.633 of 2013 on the file of the Additional Senior Civil Judge and Addl.M.A.C.T., Udupi (hereinafter referred to as 'Tribunal' for short).

(2.) MFA No.2211/2016 is filed by the 2nd respondent/Insurance Company. MFA No.3745/2016 is filed by the petitioners seeking enhancement of the compensation. The parties will be referred with respect to their status before the Tribunal for the sake of convenience.

(3.) Briefly stated the facts are that, petitioners are the parents and brothers of Shashidhara Acharya, the deceased. The deceased killed in a road accident that took place on 25/5/2013 at about 7.30 a.m. at Heraibettu on NH- 66 leading from Udupi to Kundapura, hit by Bus bearing registration No.KA-20/C-6037 against his Motor Cycle bearing registration No.KA-21-H-3426 from behind. The deceased has suffered injures and succumbed during transit to KMC Hospital, Manipal. Petitioners claimed compensation of Rs.14,41,000.00. They pleaded that deceased was aged 29 years, working as office attendant at MAHE University drawing salary of Rs.5,750.00 per month. The claim was opposed by the Insurance Company. The Tribunal awarded Rs.9,29,000.00 with 6% interest.