SUMITHRA ACHARTHI AND ORS. Vs. SANDEEP AND ORS.

JUDGEMENT

(1.) These two appeals are filed by the claimants as well as the insurance company challenging the legality and correctness of the judgment and award dated 22-11-2013 made in MVC No. 1083/2012 passed by the Motor Accident Claims Tribunal, Udupi (hereinafter referred to as "the Tribunal" for short). Since the judgment and award passed by the Tribunal has been challenged in these two appeals, both the appeals are clubbed together and disposed of by this common judgment.

(2.) The parties are referred to as per their ranking before the Tribunal.

(3.) Father and mother of the deceased Girish Acharya filed a claim petition contending that on 10-09-2012 at about 8.30 a.m., deceased Girish Acharya along with a pillion rider was proceeding in a motorcycle bearing Registration No. KA-20/U-6241 from Nellikatte towards Alevoor. When they reached Nellikatte of Belle village, a bus bearing Registration No. KA-20/C-2849 driven by its driver in a rash and negligent manner, came from opposite direction and dashed against the motorcycle of the deceased, due to which, the rider as well as the pillion rider fell down and sustained grievous injuries. Immediately after the accident, the deceased was shifted to KMC hospital at Manipal, however, he succumbed to the injuries on 11-09-2012 during the course of treatment. The parents of the deceased in the claim petition claimed that the deceased was working as a carpenter and earning Rs. 14,000/- p.m. As on the date of death, the deceased was aged about 27 years, the family has lost the bread earner and hence sought for compensation of Rs. 18,00,000/-.