NATIONAL INSURANCE CO LTD Vs. B U CHENGAPPA

JUDGEMENT

(1.) THESE two appeals are respectively by the insurer and the claimants being aggrieved by the impugned common judgment and award dated 22.12.2009 passed in MVC No.8108/2006 on the file of the XIII Additional Small Cause Judge & Member MACT, Bangalore (SCCH;15), (hereinafter referred to as 'Tribunal' for short), for reduction and enhancement of compensation.

(2.) BY its judgment and award, the Tribunal has awarded a sum of Rs.5,19,600/ - with interest at 6% p.a., from the date of petition till its realization as against the claim made by the claimants on account of the death of the deceased -Sachitha S.S. in the road traffic accident. The insurer contends that the quantum of compensation awarded by the Tribunal is disproportionate to the source of income of the deceased and it is liable to be reduced and the direction issued to Insurer to indemnify the entire award amount cannot be sustained and it is liable to be modified fixing the reasonable contributory negligence on the part of the driver of the vehicle insured with the appellant -insurer and on the part of the driver of the vehicle insured with the respondent No.5 -insurer, whereas it is the contention of the claimants that the quantum of compensation awarded is inadequate and requires enhancement. Being aggrieved by the quantum of compensation awarded by the Tribunal, insurer has presented MFA No.4888/2010 and claimants have presented MFA No. 3305/2010.

(3.) IN brief, the facts of the case are as under: Claimants 1 and 2 are none other than the father -in -law and mother -in -law of the deceased - Sachitha S.S. and they have filed a claim petition under Section 166 of MV Act claiming compensation. It is the case of the claimants that the deceased was aged about 26 years at the time of the accident and she was working as Administrative Executive in M/s Body Drench India Private Limited, Bangalore, drawing salary of Rs. 8,000/ - per month. On account of the untimely death of the deceased in a road traffic accident which occurred on 25.10.2006, the claimants have suffered sever pain and agony and they are deprived to see the bright future of their daughter -in -law. It has also affected the moral, social and economic condition of the family. Taking all these factors into consideration, they filed claim petition seeking compensation against the owner, driver and insurer of the two offending vehicles involved in the accident. The said claim petition had come up for consideration before the Tribunal. The Tribunal after appreciating the oral and documentary evidence and other material available on file, has allowed the claim petition in part and awarded the compensation of Rs.5,19,600/ - under different heads with interest at 6% p.a., from the date of petition till the date of realisation, fixing the entire negligence on the part of the vehicle insured with the appellant -insurer. Not being satisfied with the impugned judgment and award passed by the Tribunal, the insurer and the claimants have presented these appeals, seeking appropriate relief as stated supra.