SMT. AISAMMA Vs. THE NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This appeal by the one of the claimants is directed against the impugned judgment and award dated 11 -6 -2014 passed in MVC No. 1411 of 2010 on the file of the I Additional District and Sessions Judge, MACT -II, Dakshina Kannada, Mangalore (hereinafter referred to as 'Tribunal' for short), for enhancement of compensation.

(2.) The Tribunal by its judgment and award has awarded a sum of Rs.1,55,150/ - under different heads with interest at 6% per annum from the date of petition till the date of deposit, on account of the death of the deceased in the road traffic accident, fixing 50% contributory negligence on the part of the deceased. Being aggrieved by the same, the present appeal is filed seeking enhancement of compensation, higher rate of interest and setting aside the contributory negligence fixed on the part of the deceased.

(3.) In brief, the facts of the case are: The claimants before the Tribunal are none other than the mother, brothers and sisters of the deceased and they have filed a claim petition before the Tribunal under Sec. 166 of Motor Vehicles Act, 1988 claiming compensation on account of the death of the deceased Irshad in the road traffic accident that occurred on 22 -7 -2010 at about 9.30 a.m., contending that deceased was aged about 19 years and working as a videographer. He was hale and healthy on the date of the accident. Be that as it may, the deceased was proceeding on his motorcycle bearing Reg. No. KA 19/EB.2063 from Sajipa Nadu towards Melkar on Melkar -Konaje Road slowly and when he reached Koyla of Sajipa Nadu Village, at that time, a motorcycle bearing Registration No. KA 19/Q 9224 came from the opposite direction ridden by its rider at high speed and in a rash and negligent manner and dashed against the motorcycle of the deceased. Due to the impact, he fell down and sustained fatal injuries. Immediately he was shifted to the KMC Hospital at Mangalore where he succumbed to the injuries. Further, they have contended that the deceased was earning Rs.15,000/ - per month and entire family was dependant on the income of the deceased. Due to the untimely death of the deceased in the road traffic accident, the mother has lost love and affection of her son and has lost security and inspiration in life. His death has affected the social and economic condition of the claimants and the future life of the appellant has become jeopardised. Taking all these aspects into consideration, they have filed a claim petition against the owner and insurer of the offending vehicle, seeking compensation of Rs.25,00,000/ - with interest at 8% p.a. from the date of petition till the date of its realisation.