ORIENTAL INSURANCE CO. LTD. Vs. LAKKAWWA

JUDGEMENT

(1.) THESE appeals are filed by the Oriental Insurance Co. as well as the claimant challenging the common judgment and award dated 7.8.2007 made in MVC Nos. 2546 to 2548 of 2005 by the Additional Civil Judge (Sr. Dn.) and MACT, Gokak (for short 'MACT').

(2.) MFA Nos. 14730 to 14732 of 2007 have been filed by the Oriental Insurance Co. questioning the liability fastened on it to compensate the claimants, whereas MFA No. 20540/2008 has been filed by the claimant being not satisfied with the quantum of compensation.

(3.) THE respondents in MFA Nos. 14730 to 14732 of 2007 filed claim petitions contending that on 14.6.2005 at about 5.00 p.m., they alongwith a daughter of the claimant in MFA No. 20540/2008, Kumari Nikhita were travelling as gratuitous passengers in a jeep bearing Regn. No. KA -23/M 3009 from Mudalagi to Gurlapur. The said vehicle was driven by its driver in a rash and negligent manner and dashed against a motor cycle, as a result of which, the claimants sustained injuries and a minor child by name Nikhita, aged 1 1/2 years of the claimant in MFA No. 20540/2008 died at the spot. In the claimant petitions, it was contended that prior to the accident, they were doing coolie work, tailoring and vegetal vending and earning Rs. 3,000/ -and Rs. 4,500/ - p.m. respectively. In view of the said road traffic accident, they have become permanently disabled persons and sought for compensation from the respondents.