MANAGING DIRECTOR Vs. PATTU

JUDGEMENT

(1.) In MFA No. 30891/2012, the owner and insurer of the vehicle has challenged the findings of negligence and quantum of compensation granted to the respondents for the death of Sanjeev in a motor vehicle accident, whereas the respondents herein (claimants) have filed the other appeal seeking enhancement of the compensation.

(2.) The facts reveal that on 19.03.2011 Sanjeev (the deceased) was riding his motorcycle bearing registration No. KA.32/X-9664 on the way to Kamalapur village from Gulbarga and at that time the bus bearing registration No. KA-32/F-403 came from the opposite direction driven in a rash and negligent manner and hit the motorcycle. Thereby the deceased fell down. His body was struck to the wheel and he was dragged. Consequently he suffered severe crush injuries and was shifted to the hospital at Gulbarga and referred to higher treatment to Solapur and on the way he succumbed to the injuries. The claimants being his parents and brothers made a claim for compensation for loss of dependency and other conventional heads including the damages to their vehicle.

(3.) The Appellant owner and insurer of the vehicle appeared before the Tribunal and filed its statement of objections denying the rash and negligent driving on the part of the driver of the bus and attributing negligence on the deceased. They also denied the quantum of compensation claimed as highly exorbitant, arbitrary and unreasonable.