KAVYA AND ORS. Vs. SOHANLAL AND ORS.

JUDGEMENT

(1.) These two appeals have been filed by the claimants and the Insurer respectively.

(2.) M.F.A. No. 102804/2015 is by the legal representatives of the deceased Santosh Kumar who succumbed to the injuries sustained by him in a road traffic accident which occurred on 03.11.2012 while he was riding as a pillion rider on a motor -cycle bearing registration No. KA -35/H -2224 from Halageri to Banakanahalli village. The claimants presented the instant petition contending inter alia that the motor -cycle on which the deceased was travelling was dashed against by an offending car bearing registration No. KA -27/M -3016 which was driven in a rash and negligent manner causing injuries to both the rider and the pillion on the motor cycle. It was further contended that the deceased was aged 28 years and he was a milk vendor earning Rs. 25,000/ - p.m. With these pleadings claimants sought compensation of Rs. 30 lakhs as compensation. On behalf of the claimants, one witness was examined and 41 exhibits marked. The claim petition was contested by the Insurer by filing statement of objections. However, no witness was examined nor any documents marked on behalf of the respondent/Insurance Company. On consideration of the material on record, the Tribunal has awarded a total sum of Rs. 9,98,000/ - as compensation. Aggrieved by the quantum of compensation, claimants have presented this appeal seeking enhancement of compensation.

(3.) M.F.A. No. 100444/2015 is filed by the Insurer being aggrieved by the judgment of the Tribunal with regard to grant of future prospects.