ORIENTAL INSURANCE CO LTD Vs. NAGANATH

JUDGEMENT

(1.) WHILE the insurer has preferred few appeals challenging the finding on negligence and also the quantum of compensation, the other appeals have been filed by the claimants seeking enhancement of compensation for the deaths that occurred and the injuries sustained, in the motor vehicle accident.

(2.) THE facts reveal that on 23.08.2007 (1) Gurunath, (2) Lalita Bai, (3) Rekha, (4) Naganath, (5) Mahadev, (6) Ganesh, (7) Varadappa, (8) Iranna, (9) Shivanand, (10) Balaji and (11) Sadhu, are the persons, who died in the accident while Virupakshi and Pandit the injured were travelling in the tempo bearing reg. No.MH 25 -B -7463 towards Gulbarga. When the said tempo was near Bheemarayanagudi, at about 4.30 p.m. on the said day, the lorry bearing reg. No.KA 32 -A -4665 came from the opposite direction, driven in rash and negligent manner and hit the tempo, thereby the aforesaid 11 persons died in the accident, whereas the two others suffered injuries. The dependants of the deceased filed M.V.C. Nos.1009 to 1018 and 1096/2007 claiming compensation for loss of dependency and other conventional heads, whereas in M.V.C. Nos.270/2008 and 321/2008, the injured claimed compensation for pain, suffering, mental agony, medical expenses, loss of income etc. The insurer/respondents 1 and 2 appeared before the Tribunal and filed the written statement, denying the allegations contending that the accident was due to the negligence of the driver of tempo bearing reg. No.MH -25 -7463 and further contended that the quantum of compensation claimed is highly exorbitant, arbitrary and unreasonable.

(3.) I have heard learned counsel for the parties.