NEW INDIA ASSURANCE COMPANY LIMITED Vs. THIMMAMMA

JUDGEMENT

(1.) These appeal and Cross-objection are filed challenging the judgment dtd. 8/2/2016 passed in M.V.C.No.180/2014 on the file of the Itinerary Senior Civil Judge and Motor Accident Claims Tribunal at Hosadurga ('the Tribunal' in short).

(2.) M.F.A.No.3262/2016 is filed by the Insurance Company whereas Cross-objection No.94/2016 is filed by the petitioners. Appellant was the second respondent, respondent Nos.1 and 2 are petitioners and respondent No.3 was respondent No.1 before the Tribunal. The parties will be referred to as per their status before the Tribunal for the sake of convenience.

(3.) Briefly stated the facts are that, on 3/5/2010 at about 5.00 p.m., one Mahalingappa (in short 'the deceased'), the husband of petitioner No.1 and father of petitioner No.2, while riding the motor cycle bearing No.KA-03/EF-9602 as a pillion rider, near a nursery at Chowdipalya, due to rash and negligent riding of the motor cycle, he fell down from the motor cycle, sustained grievous injuries and succumbed to death on the way to NIMHANS Hospital, Bangalore near Tiptur. The petitioners have approached the Tribunal under Sec. 166 of the Motor Vehicles Act, seeking compensation of Rs.27,80,000.00 with interest at 18% per annum. Claim was opposed by the respondents. The Tribunal awarded Rs.9,04,000.00 with interest @ 7.5% per annum, directing the Insurance Company to pay the compensation. Aggrieved by the award, the Insurance Company has filed this appeal and the petitioners being aggrieved by the quantum of compensation have filed cross-objections on various grounds.