YASHODA K BHAT Vs. C GEETHA KAMATH

JUDGEMENT

(1.) THIS joint appeal filed by the insured and the insurer is directed against the award passed by Motor Accidents claims Tribunal, Udupi, allowing the claim petition filed by the wife, children and mother of deceased Ganapathi kamath. The Claims Tribunal awarded a sum of Rs. 16,39,880. The challenge in this appeal is only as regards the quantum of compensation.

(2.) THE facts in a nutshell are to the effect that Ganapathi Kamath, who was working as an officer in the Syndicate bank, Manipal and drawing a salary of rs. 10,000 per month, met with an accident on 17. 6. 1994 while he was proceeding from Udupi to Manipal on his scooter bearing no. CTA 7275. A bus bearing No. KA 20-1992, belonging to the owner, appellant no. 1 and insured with appellant No. 2, dashed against the scooter and then hit an electric pole and finally came to a halt. Following the injuries sustained in the accident, Ganapathi Kamath died. The wife, minor children and the mother of the deceased filed a claim petition and the tribunal, after holding that the accident took place solely on account of rash and negligent driving on the part of the driver of the bus in question and taking note of the evidence placed by the claimants with regard to the income of the deceased, awarded a sum of Rs. 16,39,880 and also held that the owner and the insurer of the bus are jointly and severally liable to pay the compensation.

(3.) AGGRIEVED by the above said award of the Tribunal, this joint appeal has been filed by the owner and the insurer questioning only the quantum of compensation mainly on the ground that the income of the deceased was taken at a higher figure for the purpose of working out the loss of dependency amount.