BAJAJ ALLIANZ GENERAL INSURANCE CO LTD Vs. MAIMUNA

JUDGEMENT

(1.) THESE two appeals by the Insurer and by the claimants are directed against the same judgment and award dated 02/01/2012 passed in MVC No.1124/2009, by the II Additional District Judge and Member, Motor Accident Claims Tribunal -III, D.K., Mangalore, (hereinafter referred to as ' Tribunal' for short), on the ground that, the compensation of Rs. 18,12,500/ - awarded by the Tribunal under different heads as against the claim of the claimants for a sum of Rs. 30,00,000/ - on account of the death of the deceased Sri. Aboobackar, in the road traffic accident is on lower side as contended by the claimants and the compensation awarded by the Tribunal is on higher side as contended by the Insurer.

(2.) IN brief, the facts of the case are: The claimants are the wife, children and mother of the deceased. On account of the death of the deceased in the road traffic accident, they filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation, contending that, on 4.7.2009 at about 5.30 p.m. while the deceased was standing on the extreme side of the road near Asaigoli junction, Konaje village, at that time, the rider of the motor cycle bearing Reg.No.KA.19.W.405 came in a rash and negligent manner from Thokkottu side and in the process of overtaking another vehicle, dashed against the deceased As a result, deceased sustained head injuries and other grievous injuries. Immediately, he was shifted to K.S. Hegde Charitable Hospital, but he died on 5.7.2009.

(3.) IT is the further case of the claimants that, deceased was aged about 52 years, hale and healthy prior to the accident, working as Head Constable in KSRP and drawing the salary of Rs. 19,000/ - per month and looking after the welfare of the family. Due to his untimely death, claimants who are depending upon him, have lost their bread earner and suffered both social and financial insecurity, apart from mental shock and agony.