YASMEEN BANU Vs. D V SUBRAMANYA

JUDGEMENT

(1.) The appeal by the insurer in MFA No.6137/2016 and the appeal by the parents of the deceased in MFA.CROB No.92/2017 and the appeal by the widow of the deceased in MFA No.4333/2017, challenge the judgment and award dated 21.04.2016 made by the XIX MACT, Chikkanayakanahalli, allowing the MVC No.1015/2014 clubbed with MVC No.985/2014 whereby, a compensation of Rs.13,61,000/- with interest at the rate of 6% per annum, has been awarded subject to usual condition of bank deposit.

(2.) The brief facts stated are: in a vehicular accident that happened on 30.12.2013 because of rash and negligent driving of DCV bus bearing registration No.KA-05-AE-0630, one Mr.Mohammed Jabi Ulla sustained fatal injuries and succumbed to the same. The widow of the deceased filed MVC No.1015/2014 and the parents of the deceased filed MVC No.985/2014 seeking compensation of Rs.20 lakh. The claim petitions were stoutly resisted by the insurer by filing the written statements.

(3.) To prove the claim, Smt.Yasmeen Banu, the widow of the deceased was examined as PW1; Mr.Mohammed Anief, the father of the deceased was examined as PW2; the owner of the offending bus namely Mr.D.V.Subramanya, was examined as PW3; from the claimant's side, nine documents in all came to be marked as per exhibits P.1 to P.9 which comprised of the Charge Sheet, Post Mortem Report, IMV Report, Election Identity Card and Marriage Certificate, amongst other. From the side of the insurer, its official Mr. N. Druva was examined as RW1 and in his evidence, four documents came to be marked which inter alia comprised of a copy of insurance policy. The MACT, after adverting to the pleadings of the parties and after weighing evidentiary material on record has entered the impugned judgment and award that are put in challenge by the claimants on the ground of inadequacy of compensation and by the appellant-insurer on the ground of awarding of excessive compensation.