UNITED INDIA INSURANCE CO LTD Vs. MALAN

JUDGEMENT

(1.) The appellant-insurance company is in appeal in MFA No.30258/2011 challenging its liability. The claimants are before this court in MFA CROB No.1038/2011 seeking enhancement of compensation awarded under judgment and award dated 02.09.2010 passed in MVC No.206/2008 by the MACT & Fast Track Court-I/II, Bijapur.

(2.) Since both appeals arise out of the same accident and same MVC, both these appeals are taken up, heard and disposed of by this common judgment.

(3.) The claimants in MFA CROB No.1038/2011 are wife and sons of deceased-Ramchandra, who met with an accident on 03.11.2008 while he was riding motorcycle on the extreme left side, a Lorry bearing Reg.No.MH-04-DD-1567 came in a high speed, rash and negligent manner and dashed to the motorcycle. Due to which, the deceased sustained fatal injuries and died on the spot. Initially, a complaint was filed on 03.11.2008 against unknown vehicle and subsequently on 13.11.2018 the Lorry bearing Reg.No.MH-04-DD-1567 was added on investigation. It is claimed that the deceased was earning Rs.9,000.00 p.m. by doing agricultural work, who was aged about 55 years at the time of accident.