MALATHI, Vs. GANGADHARA AMIN,

JUDGEMENT

(1.) THESE two appeals by the claimants and by the Insurer is directed against the same impugned judgment and award dated 06/12/2009 passed in MVC No.266/2007, by the III Additional District Judge and Member, Motor Accident Claims Tribunal -IV, Mangalore, D.K., (hereinafter referred to as ' Tribunal' for short).

(2.) THE Tribunal, by its judgment and award, has awarded a sum of Rs. 6,64,000/ - with interest at 6% p.a., from the date of petition till its realization, on account of the death of the deceased Sri. Narayana, in the road traffic accident.

(3.) IN brief, the facts of the case are: The claimant No.1 is the wife and claimant No. 2 is the minor son of the deceased Sri. Narayana. They filed a claim petition before the Tribunal under Section 166 of M.V.Act, claiming compensation against the owner and Insurer of the offending vehicle, contending that, on 17.1.2007 at about 1.00 p.m. deceased was proceeding in the Auto Tempo bearing Reg.No.KA.19B.5784 along with Anil Bojar after loading the electrical items to go to Thokkottu side slowly. When he came near a place called Mahakalilpadpu of Jappinamogaru village, Mangalore Taluk, D.K., at that time, the driver of the Mini Lorry bearing Reg.No.KA.20A.3028 came in a rash and negligent manner from Thokkottu side and dashed to the said Auto Tempo. Due to which, deceased sustained grievous injuries all over the body and fell unconscious. Immediately, he was shifted to Omega Hospital, Mangalore, where, he was treated by the Doctor and inspite of better treatment, he succumbed to the injuries on the same day at about 3.45 p.m.