NIRMALA UPADHYA Vs. NARAYANA POOJARY

JUDGEMENT

(1.) THE instant appeal and cross objection are arising out of the impugned judgment and award dated 16.03.2012 passed in MVC No. 1175/2009 on the file of the Prl. Senior Civil Judge & Addl. MACT, Udupi, (hereinafter referred to as 'Tribunal' for short).

(2.) BY its judgment and award, the Tribunal has awarded only a sum of Rs.1,28,000/ - towards conventional heads, with interest at 6% p.a., from the date of petition till realization as against the claim made by the claimants, on account of the death of the deceased -Narayana Upadhya in the road traffic accident.

(3.) THE case of the appellants -claimants is that, the quantum of compensation awarded by the Tribunal is inadequate, it requires to be enhanced. Whereas, it is the case of the Cross -Objectors -insurer and the owner -cum -driver of the offending vehicle that, the direction issued by the Tribunal to them to indemnify the award amount jointly and severally cannot be sustained and it is liable to be set aside on the ground that the vehicle in question is not at all involved in the accident. In brief, the facts of the case are: The 1st claimant is the wife, the 2nd and 3rd claimants are the children and the 4th claimant is the father of the deceased. They filed a claim petition under Section 166 of MV Act before the Tribunal claiming Rs.30,00,000/ - on account of the death of the deceased, due to the injuries sustained in the road traffic accident that occurred on 10.09.2009, at about 8.00 a.m., when the deceased was riding his motor cycle bearing Regn. No.09/H -1508 from Udupi to Katapady side near Sathish Petrol Bunk, due to the rash and negligent driving by the 2nd cross objector. The appellants claim that, at the time of accident, the deceased was aged about 51 years, hale and healthy and earning Rs.21,239/ - per month by working as a Stenographer in Udupi Zilla Panchayath Office and he used to spend the entire earnings to the welfare of the claimants. Due to his un -timely death, claimants have lost their only breadwinner and facing great mental shock and monetary loss. The 1st claimant has lost her life partner, the 2nd and 3rd claimants have lost love and affection, inspiration and guidance in life and the 4th claimant aged about 75 years is deprived of seeing the future of his bright son.