NEW INDIA ASSURANCE COMPANY LIMITED Vs. NAGARATHNA

JUDGEMENT

(1.) Both these appeals arise out of the judgment and award dt. 25-2-1986 passed by the M.A.C.T.-I, Bangalore Rural District, awarding a compensation of Rs.83,500/- for the death of one A.E. Krishnappa, the husband of the first claimant and father of claimants 2 to 4 who are impleaded as respondents 1 to 4 in M.F.A. 1181/86 and who are the appellants in the other appeal.

(2.) For the purpose of convenience the parties will be referred to by the rank they held in the Tribunal.

(3.) Now there is no dispute about the facts that on 22-9-1984 when the deceased Krishnappa was going on the pillion of the motor cycle M.F.S. 8212 belonging to the first respondent and driven by the third respondent to come to Bangalore and that on the way on account of the rash or negligent driving of the motor cycle by the third respondent Krishnappa was thrown off and he sustained bleeding injuries to which he succumbed later. The Tribunal, for the purpose of determining the compensation payable, has taken the loss of dependency suffered by the petitioner at Rs.500/- per month and adopting the multiplier 12, as the deceased was aged 33 years, has awarded Rs.72.000/- towards loss of dependency. The Tribunal has also awarded Rs.5,000/- towards loss to the estate of the deceased, Rs.4,000/- towards loss of consortium and Rs.2,500/- towards expenses for transporting the body and for funeral, in all a total sum of Rs.83,500/- has been awarded as compensation. Though the insurer, third respondent, had contended that under the policy the risk of the pillion rider is not Covered and as such they are not liable to pay the compensation, the Tribunal has negatived that contention on the ground that the policy was a comprehensive policy.