LAWS(KAR)-2018-9-16

M NETRAVATHI Vs. DEEVEERAMMA

Decided On September 05, 2018
M Netravathi Appellant
V/S
Deeveeramma Respondents

JUDGEMENT

(1.) These four appeals in MFA Nos.3874, 3875, 3876 and 3877 all of 2015 lay a challenge to the common judgment and multiple awards dated 24.01.2015 made by the MACT, Bengaluru, allowing MVC Nos.7626, 7627, 7628 and 7629 all of 2012 whereby, varying sums of compensation i.e., Rs.8,56,200/-, Rs.12,69,000/-, Rs.11,97,000/- and Rs.6,52,200/- respectively, with interest at the rate of 6% per annum have been awarded subject to a usual condition of bank deposit. Challenge is on the ground of inadequacy of compensation.

(2.) The brief facts stated are that the accident in question happened on 14.11.2012 at about 3.30 a.m. when the Qualis Car bearing Reg.No.KA-16-M-1459 was dashed by the offending Lorry bearing Reg. No.KA-34-3499 near Jodigatta Gate, NH-48, B.M.Road, Dandiganahalli Hobli, Channarayapatna Taluk; all the four unfortunate persons traveling in the Qualis Car, having sustained fatal injuries, breathed their last. The legal representatives of the deceased had preferred the claim petitions that were stoutly opposed by the insurer by filing the Written Statement.

(3.) All these claim petitions were clubbed together and tried in common. Four persons from the respective claimant's side were examined as PW-1 to PW-4 to prove the claims. In their evidence, fifty two documents in all, came to be produced and marked as per Exhibits P.1 to P.52. From the side of the respondents, three persons were examined as RW-1 to RW-3 and in their evidence, five documents came to be marked as per Exhibits R.1 to R.5. The documents produced by the parties from either side included the Police Papers, PM Reports, Election Identity Cards, Ration Cards, Driving Licences and Birth Certificates, amongst other.