NARAYANA H MARDOLKAR Vs. LALITHA

JUDGEMENT

(1.) IN an accident that took place on 21. 1. 1987 involving a TVS moped and the lorry MYE 4818, the rider of the TVS Moped died and the pillion rider sustained grievous injuries. MVC 112 of 1987 and MVC 113 of 1987 were the petitions filed by the legal representatives of the deceased rider of the TVS and the pillion rider respectively for compensation. The Tribunal held that the accident was due to the negligence of both the driver of the lorry and the rider of the TVS moped and quantified the negligence as 30 percent by the deceased driver of the moped and 30 percent by the driver of the lorry. Consequently, the Tribunal awarded Rs. 67,900/- with interest thereon at 12 percent per annum in MVC 112 of 1987 and Rs. 66,500/ with interest thereon at 12 percent per annum in mvc 113 of 1997.

(2.) MFA 1593 of 1991 is by the Insurance Company and the owner of the lorry seeking to challenge the award of interest at 12 percent per annum. MFA 2320 of 1990 is by the legal representatives of the deceased rider of the TVS challenging the quantification of negligence and for enhancement of the compensation awarded.

(3.) MFA 2464 of 1991 is by the owner and insurer of the lorry challenging the award of interest, at 12 percent per annum in MVC 113 of 1987. MFA 2332 of 1990 is by the claimant in MVC 113 of 1987 for enhancement of compensation.