NATIONAL INSURANCE CO LTD Vs. YASHODA

JUDGEMENT

(1.) The insurance company has filed appeal in MFA No.201612/2016 for reduction and claimants have filed appeal in MFA No.201708/2016 for enhancement against the judgment and award dated 18.06.2016 made in MVC No.1729/2014 on the file of IV-Addl. District & Sessions Judge & Member, MACT-XIII, Vijayapura, awarding total compensation of Rs.37,56,000.00 with interest at the rate of 6% per annum from the date of petition till realization.

(2.) The claimants have filed the claim petition under Sec. 166 of the Motor Vehicles Act, claiming compensation of Rupees one crore with interest at 18% per annum from the date of petition till realization contending that on 30.08.2014 at about 7:50 a.m. on Pandharapur-Mahol road near Bosariwadi bus stand, when the petitioner in MVC No.1638/2014 was riding the motorcycle bearing No.MH-13/BC-9269 and the deceased Raju Dattu Salgar in MVC No1729/2014 was also riding the motorcycle bearing NoMH-13/Q-9068, the driver of TATA SUMO bearing NoMH-36/H-3327 drove the same in a rash and negligent manner towards Pandharpur side and dashed against the on coming the above said two motorcycles and caused the accident and due to the said accident, deceased Raju Dattu Salagar had sustained fatal injuries and succumbed to the injuries on the spot.

(3.) The claimants further contended that prior to date of the accident, the deceased Raju was serving as a Teacher and was drawing salary of Rs.25,000.00 per month. Due to the said accident, the claimants have lost the earning member of their family and nobody to look after educational expenses of minor claimant Nos.3 and 4. According to claimants, the accident was solely caused due to rash and negligent driving by the driver of TATA sumo vehicle bearing No.MH-36/H-3327, the 1st respondent-owner of the vehicle and the 2nd respondent insurer of the said vehicle, both are jointly and severally liable to pay compensation.