SHANUBAI Vs. S K MAHABOOB BASHA

JUDGEMENT

(1.) This is claimants' appeal for enhancement compensation against the judgment and award dated 05th September 2015 made in MVC No.1329/2014 on the file of the Prl. Senior Civil Judge and MACT-V, Vijayapura, ('MACT' for short) awarding compensation of Rs. 9,20,000/- with interest at 9% per annum from the date of petition till realization.

(2.) It is the case of the claimants before the MACT that on 17.05.2014 at about 8.15 pm near Kumbar Vasti, on Tikota to Babanagar Road, when the deceased was on the way to his agricultural land at Babanagar on his motor cycle bearing registration No.KA-29/E-23, the driver of the goods pick up van bearing registration No. AP-02/U-7364 came from opposite direction in a high speed in rash and negligent manner and dashed against the motor cycle, due to which the deceased sustained grievous injuries and succumbed to the injuries. At the time of the accident, the deceased was aged about 40 years and was hale and healthy and was earning Rs. 7,500/- per month from agricultural work. Therefore, prayed for compensation of Rs. 18,95,000/-.

(3.) The respondent No.1 filed written statement and denied the averments made in the claim petition and contended that on the date of the accident, the driver of the goods pick up van bearing registration No. AP-02/U- 7364 was holding a valid driving licence and the insurance policy was in force. Therefore, he is not liable to pay the compensation and insurance company has to pay the same. Respondent No.2 filed objections and denied the averments made in the claim petition and admitted that the policy was in force and contended that liability of the insurance company is subject to the terms and conditions of the insurance policy, existence of driving licence and permit. It was also contended that the accident was not occurred due to rash and negligent driving of the goods vehicle, but it was due to the actionable negligence on the part of the deceased himself, and therefore, sought for dismissal of the claim petition.