A. SANDHYA SUDHAKARAN Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) These two appeals respectively by the claimants and the Insurer are directed against the same judgment and award dated 12th March 2010, passed in M.V.C. No. 95/2004, by the I Additional District and Sessions Judge, Motor Accident Claims Tribunal, Bangalore Rural District, Bangalore, (for short, 'Tribunal').

(2.) While the claimants have filed the appeal seeking enhancement of compensation on the ground that, the compensation awarded by Tribunal in their favour is inadequate and needs to be enhanced; the Insurer has filed the appeal seeking to set aside the liability fastened on it, on the ground that, there is no authorization from the jurisdictional Regional Transport Officer to drive the vehicle in question.

(3.) The facts in brief are that, the claimant No. 1 is the wife, claimant No. 2 is the minor daughter and claimant Nos. 3 and 4 are the parents of deceased, K.P. Sudhakaran. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 00:30 hours, on 29-11-2003, near Kaniminike colony on Bangalore - Mysore Road, while the deceased was proceeding in the Maruthi Van bearing Registration No. KA-05/P-1877, the driver of the water Tanker Lorry bearing Registration No. KA-05/B-2306 which was proceeding in front of the Maruthi Car drove the said vehicle at high speed, in a rash and negligent manner and suddenly stopped the same. Due to sudden stopping of the said vehicle, the Maruthi Car came in contact with the water Tanker Lorry and hit the hind portion of the Lorry. Due to the impact, the deceased sustained multiple bleeding injuries. Immediately he was shifted to NIMHANs, Bangalore. But, unfortunately, the deceased succumbed to the accidental injuries on the same day.