G. SHIRISHA Vs. RAJAIAH GUJJULA

JUDGEMENT

(1.) THESE two appeals arise out of the judgment and award passed by the MACT, Bangalore, dated 07.06.2012 in MVC No. 5432/2008. MFA No. 2803/2013, is filed by the widow of the deceased being aggrieved by the quantum of compensation awarded and apportionment in equal proportion between the widow and the aged mother. The connected appeal is filed by the Insurance Company challenging the quantum of compensation, so also the liability. Therefore, these two appeals are heard together.

(2.) THE claim petition was filed by the parents and the younger brother of the deceased. The appellant -widow was arrayed as respondent No. 3 before the Tribunal. The claim petition was lodged on account of the death of one Sharath Chandra Gujjula, who died in a road traffic accident occurred on 03.09.2007, at about 1.15 p.m. According to the claimants, the deceased was riding the motor cycle bearing registration No. KA -01 -S -7599, and the appellant Smt. Shirisha, the wife was a pillion rider. When they were near Spice Garden, Munnekolale Bridge, Marathahalli, a lorry bearing registration No. KA -19 -2066, was coming from west to east direction in rash and negligent manner, suddenly the driver took the vehicle to his right side and dashed against the goods auto rickshaw bearing registration No. KA -01 -B -5956, which was proceeding in the same direction i.e., ahead of the lorry and the said auto rickshaw in turn dashed against the other auto goods tipper bearing registration No. KA -03 -C -2980, then the offending lorry proceeded further and dashed against the deceased motor cycle and thereby causing the accident. Due to which the deceased sustained fatal injuries and he was admitted to Akshaya Malya Hospital and thereafter referred to Manipal Hospital, where he succumbed to the injuries on 22.09.2007.

(3.) THE Tribunal held that the accident occurred due to rash and negligent driving of the driver of the goods vehicle and awarded compensation of Rs. 96,47,240/ - and apportioned the income equally between the widow and mother of the deceased. Therefore, these two appeals are filed.