CHANDRAPRABHA HIREMATH Vs. PAPANNA

JUDGEMENT

(1.) THOUGH these two appeals are posted for Admission, with the consent of the learned counsel appearing for both the parties, the same are taken up for final disposal.

(2.) THESE two appeals respectively by the mother of deceased and Insurer are directed against the same judgment and award dated 8th June 2011, passed in MVC No.9454/2008, by the XXVI Additional Small Causes Judge, Motor Accident Claims Tribunal, Bangalore, (for short, 'Tribunal'), awarding compensation of Rs. 55,19,000/ - in favour of the claimant/wife and mother of deceased, as against her claim for Rs. 92,00,560/ -.

(3.) THE facts in brief are that, the claimant in claim petition is the wife and fourth respondent before the Tribunal is the mother of deceased. The mother of deceased /fourth respondent before the Tribunal, has come up in appeal, seeking enhancement of compensation and also to apportion the compensation awarded by Tribunal in equal proportion among the wife and mother of deceased. Earlier, the claimant/wife of deceased had filed the claim petition under Section 166 of the Motor Vehicles Act, contending that at about 10:25 A.M., on 26 -03 -2008, when the deceased Raveendra Hiremath was proceeding in his Honda Activa bearing Registration No.KA -02/EBN -7817, on Whitefield road from West to East, near Bharuka Steel Factory, he met with an accident on account of rash and negligent driving by the driver of Tipper Lorry bearing Registration No.KA -05/B -4911. Due to the impact, the left wheel of the Tipper Lorry passed on his head and the deceased sustained severe head injuries and died on the way to the Vydehi Hospital.