LAWS(KAR)-2018-12-66

LEELA SURENDRAS Vs. M A MOHD KUNCHI

Decided On December 11, 2018
Leela Surendras Appellant
V/S
M A Mohd Kunchi Respondents

JUDGEMENT

(1.) The claimants have filed these two appeals challenging the judgment and award passed in MVC.No.8567/2007 and 8568/2007 dated 18.12.2010 on the file of the Chief Judge, Court of Small Causes, Bangalore.

(2.) The claimants who are the wife and daughter and also mother and sister of the deceased have filed the claim petitions contending that the accident was occurred on 30.08.2007 when they were proceeding in the motor cycle as the offending vehicle tipper came in the rash and negligent manner and dashed against the mtoor cycle. As a result, sustained grievous injuries and succumbed to the injuries. The Tribunal after considering both oral and documentary evidence awarded compensation of Rs.5,60,000/- in MVC.No.8567/2007 and Rs.3,36,000/- in MVC.No.8568/2007 with interest at 6% p.a. and fastened the liability on the insured in both the claim petitions.

(3.) The learned counsel for the appellants/claimants in both the appeals has contended that the Tribunal has failed to award just and reasonable compensation and taken the income at Rs.6,000/- per month in respect of death of husband and father of the claimants in MVC.No.8567/2007 and taken the income at Rs.3,000/- per month in respect of death of daughter of the claimant who was an engineering student. Hence, the compensation awarded by the Tribunal is on the lower side. Insofar as liability is concerned, the Tribunal has comes to the conclusion that there was no driving licence as on the date of the accident in respect of particular type of vehicle and fastened the liability on the insured instead of the insurer. Hence, he prays to allow these appeals by modifying the judgment and award passed by the Tribunal.