(1.) THE appeal by the Insurer and the Cross objections by the claimants -cross objectors respectively are directed against the same judgment and award dated 05/02/2011 passed in MVC No. 981/2009, by the Senior Civil Judge & Additional Motor Accident Claims Tribunal, Sira, (for short 'Tribunal').
(2.) THE Tribunal by its judgment and award, has awarded a Rs. 25,14,175/ - with interest at 6% p.a., from the date of petition till its realization, on account of the death of the deceased Sri. Erriswamy, in the road traffic accident, directing the insurer of the Tipper Lorry to indemnify the award amount. Aggrieved by the said judgment and award of the Tribunal, the Insurer of the Tipper Lorry has filed an appeal contending that, the quantum of compensation awarded by the Tribunal is on higher side and disproportionate to the income of the deceased and it has erred in fixing the entire negligence on the part of the driver of the Tipper lorry without fixing any negligence on the part of the deceased, the driver of the car, whereas, the claimants/cross objectors have filed a Cross objection, on the ground that, the quantum of compensation awarded by the Tribunal is inadequate and it requires enhancement.
(3.) IN brief, the facts of the case are: The claimants are the wife and minor son of the deceased. On account of the death of the deceased in the road traffic accident, they filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation contending that, on 5.3.2009 the deceased along with his family members were proceeding to Kotta gudam in their car bearing Reg.No.KA.04.ME.347 and deceased was driving the car. When they are proceeding near Damojipalli, at that time, one Tipper Lorry bearing Reg.No.AP.02.W.6335 was proceeding in front of their car in a high speed and without giving any signal or indication, the driver of the said lorry stopped the same on the road. As a result, the deceased who was behind the Tipper Lorry dashed his car on the back of the lorry. Due to which, deceased died on the spot and other inmates of the car sustained injuries.