DAWALSAB AND ORS. Vs. ANILKUMAR TEKRIWAL AND ORS.

JUDGEMENT

(1.) WHILE the appellants (claimants) have filed an appeal in MFA No. 31889/2013 seeking enhancement of the compensation for the death of Hajimalang in a motor vehicle accident, the insurer has filed an appeal in MFA No. 30317/2013 challenging its liability to pay the compensation.

(2.) THE facts reveal that on 05.12.2010 Hajimalang (deceased) was a rider of the motorcycle bearing registration No. KA -28/E -1418 and when he was towards Zalaki, the lorry bearing registration No. GJ -5/AT -574 came from the hind side, driven in a rash and negligent manner and hit the motorcycle. Thereby, the deceased sustained severe injuries and died at the spot. His parents, wives and children have made a claim for compensation towards loss of dependency and other heads.

(3.) THE tribunal held the negligence on the part of the driver of the lorry and assessing the income of the deceased at Rs. 4,000/ - per month, granted a sum of Rs. 6,21,000/ - with interest at 6% per annum. Dissatisfied with the amount of compensation awarded, the claimants have preferred MFA No. 31889/2013. Whereas the other appeal is filed in MFA No. 30317/2013 by the insurer challenging its liability on the ground that the owner has not having the permit and driver has not having the valid driving licence to drive the lorry.