ARATI, Vs. GOUSPEER HUSSAINAB MAKANDAR

JUDGEMENT

(1.) MISCELLANEOUS First Appeal No.25007/2012 is filed by the claimant seeking enhancement of compensation whereas Miscellaneous First Appeal No.25650/2012 is filed by the insurance company challenging the quantum of compensation awarded.

(2.) AS both these appeals arise out of the common order, they are taken up for consideration together and disposed of by this common order. For the purpose of convenience, the parties are referred to, as they are referred to in the claim petition.

(3.) ONE Suresh Shrikant Angadi was proceeding on his Active Honda No.KA -22/U -1810 towards III railway gate on congress road, Belgaum on 20/04/2010. One truck bearing No.KA -29/9721 came from behind driven by its driver in a rash and negligent manner dashed against the said motor cycle. On account of the accident, said Suresh Shrikant Angadi sustained grievous injuries all over his body. He was immediately shifted to KLE Hospital, Belgaum, where he was declared dead. First claimant is widow. Claimant Nos.2 and 3 are major sons and 4th claimant is the mother of the deceased. They preferred a claim petition claiming compensation in a sum of Rs.65,00,000/ - against the first respondent owner of the truck and the second respondent which had insured the said truck. After service of notice, the respondents entered appearance and filed their statement of objections. They did not dispute the accident nor the insurance coverage. It was contended that the accident was on account of rash and negligent driving by the deceased and therefore they are not liable to pay any compensation. On the aforesaid pleadings, the Tribunal framed 3 issues as under: