SHARIFF AYESHA NORULLA Vs. HOMBE GOWDA

JUDGEMENT

(1.) All these appeals arise out of common Judgment and award dtd. 31/12/2015 passed in MVCs No. 6894, 6897, 6898, 8547, 8548 and 6206 of 2010 by the VIII Additional Small Causes Judge and the Motor Accident Claims Tribunal (SCCH-5), Bengaluru (for short 'the Tribunal').

(2.) Royal Sundaram Alliance Insurance Company Limited has challenged the judgment and award on the question of liability and also on compensation in Miscellaneous First Appeals No.2994, 2995, 2996, 2997, 2998 and 2999 of 2016. Claimants have preferred Miscellaneous First Appeals No.4444, 4447, 4445, 4446, 4443 and 5136 of 2016 challenging the fastening of contributory negligence in an extent of 25% on the driver of the car, as also seeking enhancement in the compensation.

(3.) Facts leading to these appeals are that the claimants/petitioners have filed the above mentioned claim petitions seeking compensation for sustaining injuries in the road traffic accident and also for the death of Asif Javed, Nayeemunnisa and Naseemunnisa. It is alleged in the claim petition that on 25/5/2010, Atif Javed was proceeding in the car bearing registration No.KA-03/MD-1223 along with family members to attend function at Tayalur, Mulbagal. It is stated that the when car was moving on the extreme left side of the road near V.Guttahalli of Mulbagal, at that time, the goods vehicle bearing registration No.KA-05/D-8428 coming from the opposite direction, struck the car head on. Due to the impact, the inmates of the car viz. Asif Javed, Nayeemunnissa and Naseemunnissa, succumbed to the accidental injuries. Smt. Shariff Ayesha Noorullah, her daughter Saadiya Fatima, and driver-Atif Javed suffered grievous injuries. Contending that the accident occurred due to the faulty driving of the goods vehicle by its driver, petitioners preferred claim petition seeking compensation.