UNITED INDIA INSURANCE CO. LTD. Vs. D. SHAMALA

JUDGEMENT

(1.) THESE two appeals respectively by the Insurer and the Claimants are directed against the same judgment and award dated 1st January 2008, passed in MVC No. 7109/2005, by the VII Additional Judge, Member, Motor Accident Claims Tribunal, Bangalore, (for short, 'Tribunal'). While the Insurer has filed the appeal on the ground that, the Tribunal is not justified in fixing the contributory negligence in the ratio of 50:50; the claimants have filed the appeal, seeking enhancement of compensation on the ground that the compensation of Rs. 37,06,776/ - awarded by Tribunal is on the lower side and the impugned judgment and award passed by Tribunal is liable to be modified.

(2.) THE facts of the case as stated in the claim petition are that, at about 6 -00 A.M., on the ill -fated day, i.e. on 19 -12 -2004, when the deceased N.S. Nagesh Rao was traveling in the Tata Indica Car bearing Registration No. KA -03/B -3744, he met with an accident on account of rash and negligent driving by the driver of the said Car while the said Car was moving on NH -7, near 361st Milestone, when it dashed against the Tanker bearing Registration No. KA. -21/5293. Due to the impact, the deceased N.S. Nagesh Rao sustained grievous injuries and succumbed to the said injuries on the spot.

(3.) ON account of the death of the deceased N.S. Nagesh Rao in the road traffic accident, the claimants filed the claim petition before the Tribunal, seeking compensation of a sum of Rs. 1,41,00,000/ - against the owners and Insurers of both the offending vehicles and the same was numbered as M.V.C. No. 7109/2005. The said claim petition had come up for consideration before the Tribunal on 1st January, 2008. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding compensation of a sum of Rs. 37,06,776/ -, with 6% interest per annum, fixing negligence on the part of the driver of the Indica Car and also the driver of the Tanker in the ratio of 50:50, from the date of petition till the date of deposit. Being aggrieved by the contributory negligence fixed on the part of the driver of the Car bearing Registration No. KA -03/B -3744, at 50%, on the ground that it is on the higher side, the Insurer is in appeal before this Court, seeking to re -fix reasonable percentage of negligence on the part of the drivers of both the vehicles or at least in the ratio of 40:60, i.e. 40% on the part of the driver of the Car and 60% on the part of the driver of the Tanker, to meet the ends of justice; whereas the claimants are also in appeal before this Court, seeking enhancement of compensation, on the ground that the compensation awarded by Tribunal is on the lower side and further the claimants are entitled to additional 30% towards future prospects as per the decision of the Apex Court in Santosh Devi's case (AIR 2012 SCW 2892).