DHURU A. WADHWA Vs. TOYOTA KIRLOSKAR MOTORS LTD.

JUDGEMENT

(1.) THESE two appeals arise out of the Judgment & award passed by the MACT, Bangalore, dated 2nd November, 2009 in MVC No. 8372/2005.

(2.) MFA . No. 10646 of 2010 is filed by the claimant being not satisfied with the compensation awarded to her. MFA. No. 3735/2010 is filed by the Insurance Company challenging the liability saddled on the appellant -Insurance Company contending that the driver of the insured vehicle was in no way responsible for the cause of the accident and the contributory negligence attributed to him to an extent of 30% has to be set aside.

(3.) ON 8 -2 -2004 the claimant was proceeding to Bangalore on Kolar bye -pass road on a Tata Indigo car bearing No. TN 01 V 7858 which was being driven by her son Girish Wadhwa. Her son who was driving the car in order to overtake the lorry crossed the middle line on National Highway No. 4 and dashed against an oncoming car bearing No. KA 05 TC 15/03 which was proceeding from Bangalore towards Kolar. In the accident the claimant's son Girish Wadhwa died and other inmates were injured. Therefore, the claim petition was lodged against the driver of the car bearing No. KA 05 TC 15/03 and also against the owner of the car bearing No. TN 01 V 7858 and their respective insurers. The tribunal considering the evidence let -in by the parties and based on the police report held that the accident occurred due to the rash and negligent driving of the vehicle by claimant's son. However, the negligence was apportioned equally holding that the accident occurred due to the contributory negligence of both the vehicles. The tribunal also awarded compensation of Rs. 4,10,000/ -. Therefore, these appeals are filed.