LAXMI Vs. UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) These appeals arise out of the judgment and award dtd. 15/6/2017 passed by the MACT-XIV, Mudhol in M.V.C. No. 442/2015. M.F.A. No. 103366/2017 was filed by the insurer challenging quantum and its liability to pay compensation and the M.F.A. CR. OB. No. 100033/2018 was filed by the claimants for enhancement of the compensation.

(2.) It is the case of the claimants that on 1/2/2015 around 11.20 a.m. on Mudhol-Jamakhandi PWD road near Uttur gate, Prakash (the deceased) was going on his motorcycle bearing temporary registration No. KA-29-TS- 2019 towards Jamakhandi. Driver of tractor cum trailor bearing registration No. KA-48-TA-053 and trailers bearing registration No. KA-48-TA-31 and KA-48-TA-320 [for short, 'offending vehicle'] came from opposite direction in a high speed and rash and negligent manner and dashed against the motorcycle in which the deceased was proceeding, as a result of which he fell down and sustained fatal injuries and died at the spot. The deceased was aged about 40 years, working as an agriculturist as well as Mason and earning Rs.35,000.00 per month. Claimant No.1 is the wife, claimants No.2 and 3 are the children and the claimant No. 4 is the mother of the deceased. They were depending upon his income. With these reasons they prayed to award compensation of Rs.66,50,000.00.

(3.) Respondents No.1 and 2 have filed the written statement. Respondent No.1 denied all the contents of the claim petition and further denied that the accident was occurred due to negligence of the driver of the tractor and trailor. The said vehicle was insured with the respondent No.2. In any event, if the Tribunal comes to the conclusion that respondent No.1 is liable to pay compensation then respondent No.2 be directed to pay the same.