JADIYAPPA, Vs. H N JYOTHI,

JUDGEMENT

(1.) TWO appeals by the parents of the deceased and one appeal by the Insurer, respectively, are directed against the impugned common judgment and award dated 14/02/2011 passed in MVC Nos.4263/2008 & 6178/2008, by the IV Additional Judge, Court of Small causes and Member, Motor Accident Claims Tribunal, Court of Small Causes, Bangalore (SCCH -6), (hereinafter referred to as ' Tribunal' for short).

(2.) THE Tribunal, by its common judgment and award, has awarded a sum of Rs. 17,75,160/ - as against the claim made by the claimants for a sum of Rs. 22,00,000/ - and Rs. 25,00,000/ -, respectively, on account of the death of the deceased Sri. Umashankar, with interest at 6% p.a., from the date of petition till the date of payment and dismissed the petition filed by the parents in MVC No.4263/2008 with costs. Being aggrieved by the said common judgment and award, the parents of the deceased have filed two appeals for enhancement of compensation and apportionment made in their favour on the ground that they are entitled for more compensation and Insurer has filed an appeal, on the ground that the compensation awarded by the Tribunal on account of the death of the deceased is on higher side and disproportionate to his source of income and adding 50% towards future prospects without any legal acceptable evidence is not sustainable and is liable to be reduced.

(3.) IN brief, the facts of the case are: The parents and wife of the deceased filed two claim petitions before the Tribunal under Section 166 of M.V. Act claiming compensation against the owner and insurer of offending vehicle contending that on 24.3.2008 at about 2.25 p.m. when the deceased was returning from Yediyur Siddalingeshwara Temple towards Bangalore on his Hero Honda motor cycle bearing No.KA.52.E.6613 along with one Jyoti on the pillion seat and when he was taking turn towards Bangalore side on NH 48 at that time, the driver of canter vehicle bearing Reg.No.AP.37.V.9664 came from Kunigal side in a rash and negligent manner and dashed to the motor cycle and sustained grievous injuries. Immediately, he was taken to Apollo hospital and inspite of providing beset treatment he succumbed to the injuries on 5.4.2008.