BASAPPA DEAD Vs. G THIPPESWAMY

JUDGEMENT

(1.) The appeal by the insurer in MFA No.4682/2009 and the appeal by the claimants in MFA No.7626/2009 lay a challenge to the judgment and award dated 31.03.2009 made by the Additional MACT, Davanagere allowing the claim petition in M.V.C No.35/2006 whereby a compensation of Rs.5,00,000/- with interest at the rate of 6 % per annum subject to usual condition of bank deposit, has been awarded. The challenge by the insurer is both on the ground of liability and quantum whereas that by the claimants is on the ground of inadequacy of compensation.

(2.) Brief fact matrix of the case as to happening of the accident on 04.07.2005, the rash and negligent driving of the offending Autorickshaw bearing Registration No.KA- 16/5696 and the consequent sustaining of fatal injuries resulting into death of the victim Sri. Basappa, is established by the pleadings of the parties supported by the evidentiary material on record. Accordingly, the MACT has made the impugned judgment and award.

(3.) The learned counsel for the appellant-insurer contends that the accident happened outside the Permit Area and this is a case of absence of Permit qua the area of accident and therefore, it is a case wherein no liability could have been fastened on the insurer. The learned counsel for the claimants refuting the said contention, makes submission in justification of the award so far as the levy of liability is concerned. She argues the claimants' appeal for enhancement of the compensation stating: the MACT, instead of taking 13 as the multiplier has wrongly taken 12; the MACT, unmindful of the occupation of the deceased i.e. a cook, has taken only Rs.4,000/- as the monthly income for the accident year 2005; the claimants are now entitled to an addition of 10 % on the notional income of the deceased; lastly, the compensation payable under conventional heads is meager.