NARASAMMA AND ORS. Vs. SHAMSHUDEEN AND ORS.

JUDGEMENT

(1.) These two appeals are by the claimants and Insurer being aggrieved by the impugned judgment and award dated 15.10.2014 passed in MVC No. 233/2012 on the file of the Addl. Motor Accidents Claims Tribunal and Principal Senior Civil Judge & CJM, Ramanagara, (hereinafter referred to as 'Tribunal' for short). By the impugned judgment, the Tribunal has awarded a sum of Rs. 28,17,400/ - with interest at 6% p.a. from the date of petition till its realization.

(2.) It is the case of the claimants that the quantum of compensation and rate of interest awarded by the Tribunal is inadequate and requires enhancement. Whereas, it is the case of the appellant -insurer that the amount awarded by the Tribunal towards loss of dependency is disproportionate to the income of the deceased and therefore, prays for reducing the same by modifying the impugned judgment and award.

(3.) Brief facts of the case are that appellant No. 1 is the wife and appellant Nos. 2 to 5 are children of the deceased late Venkataraju. They have filed a claim petition under Sec. 166 of the M.V. Act, claiming compensation of Rs. 3,00,00,000/ - on account of untimely death of deceased Venkataraju in a road traffic accident that occurred on 28.06.2012, at about 3.40 P.M. contending that when deceased was proceeding on a motorcycle bearing Reg. No. KA -04 -ET -5547 on B.M. road in front of Janapadaloka, Ramanagara Taluk, at that time, the driver of Innova Car bearing Reg. No. KL -09 -X -3553 came from Mysore side behind the vehicle of the deceased in a rash and negligent manner and dashed against the vehicle of the deceased. Due to the impact, the deceased fell down from the motor cycle and sustained fatal injuries and succumbed to the injuries on the spot. It is the case of the appellants that they have spent Rs. 2,00,000/ - for funeral and ritual ceremony. The deceased was working as a Range Forest Officer at Ramanagara Range Forest area and getting a salary of Rs. 75,000/ - per month. On account of untimely death of deceased, the wife has lost her companion and the children have lost the love and affection and inspiration and guidance of their father and there is total social and financial loss to the family. The deceased was the only earning member in the family and he used to spend entire amount for welfare of the family. Further, it is the case of the appellants that the two daughters are yet to be married and the son is a college going student. The entire family was depending upon the income of the deceased.