NAGARATHNAMMA Vs. NAGARATHNAMMA

JUDGEMENT

(1.) THESE two appeals arise out of the judgment and award passed in MVC No. 2327 of 2007 dated 22 -2 -2010 by the Motor Accident Claims Tribunal & Chief Judge, Court of Small Causes, Bengaluru. While MFA 223 of 2011 is filed by the claimants in the claim petition seeking for enhancement of compensation, MFA No. 6683 of 2010 is filed by the insurance company challenging the liability saddled on it by the tribunal. Therefore, these appeals are heard together and disposed of.

(2.) THE admitted facts in these appeals are that: The claimants are the widow and unmarried daughter of one Nagaraj. According to the claimants, on 21 -2 -2007 at about 5.30 pm, when Nagaraj was proceeding on the TVS motorcycle bearing registration No TN -29 L -1848 along with one Jayapala Reddy, all of a sudden, tempo bearing registration No KA -03 A -4424 came from opposite direction in rash and negligent manner and dashed against the motorcycle of Nagaraj. Due to the impact of the accident, Nagaraj sustained severe injuries and died on the spot. The deceased was aged about 45 years and was running a poultry shop. According to the claimants, he was earning a monthly income of Rs. 25,000/ -.

(3.) IN order to prove their respective contentions, on behalf of the claimants, the widow of deceased was examined as PW1 and she relied upon ExP1 to 10. On behalf of the insurance company, one Ms Deepa was examined as RW1 and she relied upon Ex. R1 and 2. Ex. R1 is a copy of the driving licence of the driver of the goods vehicle and Ex. R2 is a copy of the insurance policy.