SIDRAM Vs. BABU

JUDGEMENT

(1.) AGGRIEVED by the order of the Tribunal, the claimant has filed the present appeal seeking enhancement of compensation.

(2.) THE case of the claimants is that on 22.1.2005 at about 10.30 p.m. deceased Dhanaji was travelling in his mini truck No. KA -28/4971 and there were other persons also travelling. A truck bearing No. MP -14/J -0993 was parked on the road. Without seeing the same, mini truck went and dashed against the lorry. The deceased sustained injuries and died on the spot. The claimants namely, wife, parents and minor children have filed the claim petition. On contest, the Tribunal awarded total compensation of Rs. 4,63,000/ -. It held the sole insurer in MVC 399/2005 the New India Assurance Company liable to an extent of 25% and 75% on the driver of the other vehicle. Hence, 25% as awarded in a sum of Rs. 1,15,750/ - along with interest was directed to be paid by the New India Assurance Company. Seeking enhancement, the claimants have filed MFA No. 31303/2010

(3.) THE compensation now awarded is as follows: