A S PARVATHI, Vs. NATIONAL INSURANCE CO , LTD ,

JUDGEMENT

(1.) THE appeal by the claimants and the cross objection by the Insurer are directed against the same judgment and award dated 15th January 2009, passed in MVC No.1061/2006, by the I Additional Civil Judge(Sr. Dn) and Member, Additional Motor Accident Claims Tribunal, Chitradurga, (for short, 'Tribunal').

(2.) WHILE the claimants have filed the appeal seeking enhancement of compensation on the ground that, the compensation of Rs. 8,86,500/ - awarded by Tribunal in their favour is inadequate and needs to be enhanced; the Insurer has filed the cross objection, seeking to reduce the compensation, on the ground that the Tribunal is not justified in fastening the liability on the Insurer and that the compensation awarded by Tribunal is excessive and exorbitant and is disproportionate to the source of income of the deceased.

(3.) THE facts in brief are that, the claimant No.1 is the wife and claimant Nos.2 and 3 are the children of deceased, A. Venkata Reddy. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 2:00 P.M, on 14 -11 -2005, when the deceased A. Venkata Reddy was supervising the road work near Peelajanhally, at that time, the driver of Tractor bearing Registration No.KA -16/T -284 - 285 by driving his tractor in a rash and negligent manner while taking reverse dashed against the deceased A Venkata Reddy. Due to the impact, the deceased sustained grievous injuries and was immediately shifted to Hospital but, unfortunately, he succumbed to the same.