AMRUTADEVI Vs. MANAGER NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) Mfa No.22241/2010 has been preferred by the appellant-insurer, MFA Crob No.894/2013 has been filed by the claimant Smt.Amrutadevi, the mother of the deceased and MFA No.22826/2010 has been filed by the alleged daughter and brother-in-law of the deceased challenging the judgment and award passed by I- Addl. Civil Judge, Senior Division, Member, MACT, and CJM Dharwad in MVC No.72/2003 dated 19.02.2010.

(2.) Though these cases have been posted for orders with the consent of the learned counsel appearing for the parties, they have been taken up for final hearing.

(3.) The accident in question is not in dispute so also the involvement of the offending vehicle insured with the respondent No.2 insurer. It is the contention of the learned counsel for the appellant/insurer that the Tribunal without considering the fact that the driver of Maruthi car has also contributed to the alleged accident, without apportioning the negligence has erroneously passed the order. He further submitted that the claimant is the mother of the deceased. Deceased got married to another family and she is not dependent on the deceased. He further submitted that in the evidence of PW1, the mother of the deceased has categorically admitted that she was dependent only to the extent of Rs.3,000/- per month. Under the said facts and circumstances the dependency is only to the extent of Rs.3,000/-. He further submitted that in the cross examination of PW1, she has categorically admitted the fact that she is living along with her son and not dependent on the deceased. Without considering the said aspect, the Court below erroneously awarded the compensation on higher side. On these grounds he prays to allow the cross objection and set aside the judgment and award.