SANDEEP SOMAYAJI Vs. SRINIVASA SOMAYAJI

JUDGEMENT

(1.) M.F.A. No. 8242/2010 is filed by the claimant seeking enhancement of compensation, whereas M.F.A. No. 4562/2009 is filed by the insurer challenging the liability to pay compensation on the ground that the injured is the son of the insured who is not a third party and also quantum of compensation awarded by the Tribunal as excessive. The case of the claimant is that on 10.02.20007 when he was travelling as a pillion rider in motor cycle bearing registration No. KA 20 R 6286 from Tookottu to Konaje, near Nadakallu curve, the rider of the motor cycle rode the same in a rash and negligent manner in high speed and lost control due to which he fell down and sustained injuries. He was shifted to the hospital and took treatment as inpatient. Hence, he filed a claim petition before MACT, Udupi seeking compensation of Rs. 10 lakhs. The Tribunal after framing several issues has held that the accident occurred due to rash and negligent riding of the motor cycle by it's rider and has awarded a total compensation of Rs. 96,000/- with interest at 8% p.a. from the date of claim petition till realization. Being aggrieved by the said award the claimant has filed MFA No. 8242/2010 seeking enhancement of compensation whereas the insurer has filed MFA 4562/2009 challenging the liability on the ground that the injured is the son of the insured who is not a third party and also quantum of compensation and interest is excessive.

(2.) Heard the learned Counsel appearing for the parties.

(3.) Learned Counsel for the insurer submits that me rider of the motor cycle in question is none other than the son of the insurer who is not a third party. As such question of awarding compensation does not arise. He further submits that the Tribunal has awarded 8% interest in stead of 6% p.a. and the compensation awarded by the Tribunal is excessive.