KUM MOHIT Vs. RAJEEVAN

JUDGEMENT

(1.) This is a claimants' appeal for enhancement of compensation, not being satisfied with the quantum of compensation awarded by the IX Addl. District and Sessions Judge and Addl. MACT, Belagavi in M.V.C. No.282/2014 dated 07.04.2016.

(2.) Claimants being the minor son, father and mother of deceased Vijay Khannukar filed a claim petition under Sec. 166 of Motor Vehicles Act seeking compensation of Rs.1,50,00,000.00. It was contended that deceased along with his wife Smt. Smitha and other relatives had proceeded to Sankeshwar in a car to have Ganesh Darshan and while returning to Belagavi on National Highway 4, at about 01:00 p.m. near Ontamuri Ghat, a truck bearing registration No.MH-04/DD-7475 coming from opposite side deviation from Belagavi side towards Sankeshwar was driven in high speed and that too negligently dashed to the road divider and crossed over to the other side of the road and dashed against the incoming vehicles including the car bearing registration No.KA-22/P- 4586 driven by deceased Vijay Khannukar. It was further contended that due to the impact, deceased Vijay Khannukar and his wife Smt. Smitha died at the spot on account of grievous injuries sustained. Hence, contending that deceased was working as a Deputy Manager, Marketing in Ashok Iron Works Private Limited, Belagavi and earning Rs.65,000.00 per month, compensation was sought for by the minor son and parents of deceased Sri.Vijay Khannukar.

(3.) Tribunal after issuing notice to the insurer and the insured and after considering the objections filed on behalf of insurer, allowed the claim petition in part by awarding a total compensation of Rs.16,65,000.00 with interest at 6% per annum. Compensation awarded under various heads by the tribunal is as follows: Towards loss of dependency Rs.15,36,000.00 Towards loss of love and affection Rs.1,00,000.00 Towards funeral expenses Rs.25,000.00 Towards transportation of dead body Rs.10,000.00 Total Rs.16,65,000.00