NATIONAL INSURANCE CO. LTD. Vs. SUSHILA

JUDGEMENT

(1.) MFA Nos. 20568/2012 and 25658/2011 are filed by the two different Insurance Companies questioning their liability imposed on them and the quantum of compensation arrived at by the Tribunal. MFA No. 25853/2011 is filed by the claimants praying for enhancement of compensation.

(2.) SRI Appasaheb @ Appaiah died in the accident that occurred on 15.5.2002. On that day, he was travelling in a Car bearing Registration No. KA -25/P -6336 from Hubli to Gadhinglaj to supervise his contract work at Gadhinglaj. The car was being driven by the driver. A lorry bearing Registration No. HR -38/D -3505 was proceeding in front of the Car. It is relevant to note that another four wheeler i.e., TATA 1210 bearing Registration No. KA -25/770 was proceeding ahead of the lorry. Thus, it is clear that all the three vehicles were proceeding in a road one behind other. The Car was the third vehicle. The lorry bearing Registration No. HR -38/D -3505 suddenly dashed against TATA 1210 vehicle bearing Registration No. KA -25/770 and stopped abruptly. The Car in which the deceased Appasaheb @ Appayya was travelling in turn dashed against the said lorry. Consequent upon which, Appasaheb travelling in the Car died. His wife and three children filed MVC No. 1107/2002 claiming compensation, which came to be allowed in part. The claimants are awarded compensation of Rs. 17,63,447/ -. As aforementioned, MFA No. 25853/2011 is filed by the claimants for enhancement of compensation and other two appeals are filed by the Insurance Companies questioning the liability to pay compensation and they also sought for reduction of the compensation awarded by the Tribunal.

(3.) KEEPING in mind the personal income of the deceased as well as the income which he would get from the Company as well as the agricultural income, we may safely conclude that the deceased was getting an income of more than Rs. 4 lakhs per year or atleast Rs. 4 lakhs.