S SHEELA Vs. RELIANCE GEN INSU CO LTD

JUDGEMENT

(1.) Mfa No.8983/2015 is filed by the Insurance Company challenging the award dated 04.11.2015 passed by the Court of Principal Senior Civil Judge and C.J.M. and MACT-III Chitradurga (for short 'the Tribunal'), in MVC No.351/2014 claimant/ Appellants in MFA No.666/2016 have also challenged the award dated 04.11.2015 seeking enhancement of compensation. Hence, both the matters are clubbed together and common judgment has been passed.

(2.) Brief facts of the case are that, on 05.03.2014 at about 30 p.m., the deceased Chandramouli was traveling in Thippeswamy bus bearing registration No.KA-16/A-6959 from Chitradurga towards Horakedevarapura Village, when the bus was going near Chandrappa's Crusher on NH-13 Road, Chitradurga, all of a sudden the driver drove the bus in a rash and negligent manner and accordingly dashed the left side of the bus to the road side tamarind tree, as a result of which, passengers Chandramouli and Others had sustained injuries. The said Chandramouli, died in the hospital at 3.30 p.m. Subsequently, the wife and the only son of the deceased have filed a claim petition in MVC No.351/2014 before the Tribunal. To establish their case, the first claimant was examined as PW-1 and another as PW-2 witness and got marked 16 documents. On the other hand, the Insurance Company has examined 3 witnesses and got marked 9 documents. After appreciating the oral and documentary evidence, the Tribunal has awarded a compensation of Rs. 8,48,500/- with interest at 7.5% per annum. Being aggrieved by the same, the claimants have filed an appeal in MFA No.666/2016 for enhancement of compensation and the Insurance Company has also challenged the award in MFA No.8983/2015 on the ground of liability.

(3.) Sri B. Pradeep, learned counsel appearing for the appellant-Insurance Company in MFA No.8983/2015 has contended that as on the date of the accident there was no permit for the bus bearing registration No.KA-16/A-6959. Therefore, there is no liability on the Insurance Company to pay the compensation. He further contended that towards conventional heads, as per National Insurance Co. Ltd vs Pranay Sethi, (2017) AIR SC 5157, the maximum limit has been fixed for 'loss of consortium' Rs. 40,000/- and Rs. 15,000/- each towards 'loss of estate and funeral expenses'. Contrary to the same, in the instant case, the Tribunal has awarded Rs. 1,40,000/-, which cannot be accepted.