PRIYANKA Vs. NIKIL

JUDGEMENT

(1.) Though this appeal is listed for Admission, with the consent of the learned counsel for the parties, the same is taken up for final disposal.

(2.) The claimants are in appeal dis-satisfied with the quantum of compensation awarded under the judgment and award, dtd. 3/1/2020, passed in M.V.C. No.1004/2018 by the V Additional District and Sessions Judge & Member, Additional Motor Accident Claims Tribunal, Belagavi (for short, 'the Tribunal') and praying for enhancement of compensation.

(3.) The appellants/claimants - wife, children and mother of one Omkar Irannavar, filed a claim petition under Sec. 166 of the Motor Vehicles Act, 1988, seeking compensation for the accidental death of said Omkar Irannavar in a road traffic accident that took place on 21/5/2018, involving Maruti Ritz Car bearing registration No.MH-15/EP-9523. They claimed that the deceased Omkar Irannavar was aged 26 years as on the date of the accident, he was earning Rs.15,000.00 per month by doing cooking work in Vilas Hotel and an additional income of Rs.15,000.00 by running a vada-pav & baji stall. On issuance of notice, the respondent-insurance company filed its written statement denying the claim petition averments, while admitting issuance of insurance policy in respect of the Maruti Ritz car in favour of respondent No.1. Further, the insurer contended that the driver of the car had no valid and effective driving licence as on the date of the accident and also contended that the car was meant for personal use of the insured, but, on the date of the accident, it was plied to carry fare paid passengers. Thus, it prayed for dismissal of the claim petition.