LEGAL MANAGER, IFFCO TOKIO GENERAL, INSURANCE COMPANY LIMITED, BANGALORE Vs. NAGARATHNA BHASKAR AND OTHERS

JUDGEMENT

(1.) These two appeals arise out of the judgment and award passed in MVC No. 7228 of 2009 dated 17-8-2011 by the Motor Accident Claims Tribunal, Bangalore (SCCH No 15), Bangalore. The first appeal is filed by the insurance company challenging the liability saddled on it by the tribunal, and the second appeal is filed by the claimants in the claim petition seeking for enhancement of compensation. Therefore, these appeals are heard together and disposed of.

(2.) The claimants are the legal heirs of one Dr. B. Bhaskar, who met with an accident on 10-8-2009 near Lakshmisagara gate on Bangalore-Kolar national highway and later succumbed to the injuries on 18-8-2009. The first claimant is his widow i.e. second wife of deceased Dr. Bhaskar, second claimant is the daughter of deceased and claimants 3 and 4 are his aged parents. Dr. Bhaskar had earlier married one Geetha and in the said marriage the couple have a daughter by name Malavika, who was not arrayed as a party to the claim petition, as the marriage between Geetha and Dr. Bhaskar was dissolved by a decree of divorce granted on 3-12-2004. Malavika, who was born to the first wife of Dr. Bhaskar, had filed a separate claim petition, which petition came to be dismissed on account of the compensation awarded in the present claim petition. Therefore, she has filed an application in these appeals to come on record as one of the respondents along with the original claimants claiming share in the compensation, which application has been allowed and she has been treated as seventh respondent in MFA No. 11103 of 2011 and third respondent in MFA No. 11801 of 2011.

(3.) It is the case of the claimants that on 10-8-2009, Dr. Bhaskar was travelling in the car of his friend bearing registration No. KA 04 M-3666 and coming from Kolar to Bangalore side. When the car was near to Lakshmisagara gate, a tractor bearing registration No. KA-02-T-1428 came from the opposite direction in a rash and negligent manner and the driver of the tractor suddenly took a right turn, as a result of which, the right side of the tractor touched the car and due to the said impact, Dr. Bhaskar sustained grievous injuries. He was immediately shifted to R. L. Jalappa Hospital, Kolar and thereafter for better treatment he was shifted to Trinity Hospital, Bangalore and thereafter referred to Manipal Hospital, Bangalore, where he succumbed to the injuries on 18-8-2009. The deceased was aged about 53 years and was a professor in anesthesiology at R. L. Jalappa Medical College and who had a bright future and he was in great demand. The claimants spent nearly Rs. 2,00,000/- towards medical expenses, conveyance and incidental expenses.