ASHWINI D SHETTY Vs. MAHABALA SHETTY

JUDGEMENT

(1.) The MFA No. 1264/2017 is filed by the Insurer challenging the quantum and negligent and MFA No. 890/2017 is filed by the claimants seeking enhancement of the compensation awarded in MVC No.887/2004 on 07.10.2016 on the file of the Senior Civil Judge and AMACT, Karkala.

(2.) Heard both the learned counsel and perused the records. We decided to hear and dispose of the appeal filed by the insurance company first, since the prayer made by the claimants depends upon the result of the Insurer appeal.

(3.) Facts leading to the case are that on 18.05.2004, when the deceased Divakara Shetty along with his family members was proceeding in his Santro Car bearing No.MH-25-A-2182 from Someshwara to Omerga and when they reached near Haikady of Hiliyana Village, a Tempo Trax bearing Reg. No.KA-20-7981 came from Halady side in a rash and negligent manner and dashed against the car. As a result, Divakara Shetty died and the inmates of the car including the driver, wife and children of the deceased, sustained injuries. Hence, a claim petition has been filed by the wife for having lost her husband in a road accident and also preferred the petitions for having suffered injuries by the inmates.