NATIONAL INSURANCE CO. LTD. Vs. RAJADURAI.S

JUDGEMENT

(1.) Since, these two appeals arise out of the same accident, they are taken up together for disposal. The appellant in these two cases is respondent no.2, respondents 1 and 2 in MFA No.3361/2017 are the claimants in MVC No.5525/2015 and respondents 1 to 3 in MFA No.3362/2017 are the claimants in MVC No.1206/2016. Respondent no.3 in MFA No.3361 and respondent no.4 in MFA No.3362/2017 is the first respondent before the Tribunal in both the cases. For the purpose of convenience, the parties will be referred to hereafter with their ranks before the Tribunal.

(2.) On 19.11.2015 when one Dhruv Sharma and Ram Ashwin were traveling in the car bearing Regn.No.RJ- 19/CD-2363 driven by their friend Krishnan. At 5.15 AM near Simony Apartment the car hit against the road side tree and Dhruv Sharma and Ram Ashwin died.

(3.) The parents and sister of Dhruv Sharma filed MVC 1206/2016 and the parents of Ram Ashwin filed MVC 5525/2015 before MACT & SCCH-1, Bangalore contending that the accident and the consequential deaths occurred due to rash and negligent driving of the motor car by Krishnan. It was contended that Ram Ashwin was a B.Tech student and Dhruv Sharma was a BBM Student in Alliance University, Bangalore and they had bright future. It was contended that due to untimely death of those two, the claimants have suffered. The claimants in each of the cases claimed compensation of Rs.30 lakhs.