RENUKA Vs. AHMEDABAD BENGAL ROADWAYS

JUDGEMENT

(1.) MAIN appeal is filed by the claimants of a case bearing MVC No. 573/2007 claiming higher compensation than the one awarded by the tribunal in MVC No. 573/2007, which was pending on the file of MACT -VII at Bijapur. The connected appeal is filed by the Insurance Company on the ground that the death of injured Babu was not due to the injury sustained in the accident. Apart from this, the insurer has challenged the quantum of compensation awarded by the tribunal on the ground that the same is excessive.

(2.) THE appellants in the main appeal are the wife, minor child and parents of the deceased, who was injured in a motor vehicle accident that occurred on 11.12.2005 at 10.30 a.m. on NH -13 at Kannal cross. He was stated to be proceeding on his motorcycle bearing No. KA -28/L -7771 towards his garden and when he reached a place near Kannal cross, a truck bearing No. HR -38/N -5777 came from the opposite direction, being driven in a rash and negligent manner and dashed against the motorcycle, as a result of which, he fell down and sustained severe injuries all over the body mainly on the head and neck. He was immediately shifted to Government Hospital, Bijapur, thereafter he was shifted to BNM Rural Ayurvedic Hospital at Bijapur for treatment of his head injury. Subsequently, he was shifted to Deenanath Mangeshakar Hospital at Pune for higher treatment of his head injury and was discharged from that hospital for the last time on 20.12.2006. He succumbed to the injuries on 12.01.2007. According to the claimants, there was complete nexus between the injuries sustained in the accident and consequential death. They had laid a claim for awarding compensation of Rs. 21,00,500/ - under various heads. According to them, the accident took place solely due to the negligence of the truck.

(3.) ON the basis of the above pleadings, the following issues came to be framed: