MANAGER BHARTI AXA GENERAL INSURANCE Vs. DEBASIS SENGUPTHA

JUDGEMENT

(1.) These appeals are directed against the judgment and award dated 06.02.2015 passed by the Motor Accident Claims Tribunal at Bangalore in MVC No.5673/2013 wherein the Tribunal has awarded a total compensation of Rs.18,38,000/- to the claimants for the death of one Debmala Sen Gupta in a road traffic accident that occurred on 19.10.2013.

(2.) Mfa No.2922/2015 is preferred by the Insurance Company challenging the quantum of compensation and MFA No.3696/2015 is preferred by the claimants, namely; the parents of the deceased seeking enhancement of compensation.

(3.) The brief facts leading to the filing of these appeals are that on 19.10.2013 at about 4.15 p.m., the deceased was traveling in a car bearing No.KA-51/MC- 1627 along with three others, driven by her friend Sooraj Krishna, from Mysore towards Bangalore and when they reached near Gejjalagere near KMF Milk Dairy, Bangalore-Mysore Highway Road, the driver of the car drove the car in a high speed and in a rash and negligent manner and dashed against the Canter bearing No.KA-51/4455 which was parked on the left side of the road. Due to the impact, the deceased sustained fatal injuries. She was shifted to Apollo Hospital, Mysore for treatment, however not responding to the treatment, she succumbed to the injuries on 20.10.2013.