SHRIRAM GENERAL INSURANCE COMPANY LTD Vs. FOUZIYA

JUDGEMENT

(1.) The insurer is in appeal, being aggrieved by the quantum of compensation awarded under the judgment and award dated 17.12.2014 passed in MVC No.652/2012 on the file of the Additional District and Sessions Judge and Additional MACT, Udupi sitting at Kundapura (hereinafter referred to as 'the Tribunal' for short) whereas the claimants are in cross-objections praying for enhancement of compensation.

(2.) The claim petition was filed under Section 166 of the Motor Vehicles Act, claiming compensation for the death of one Mohammed Areef in a road traffic accident. The claimants are wife and children of late Mohammed Areef. It is stated that on 14-01-2010, when the deceased was proceeding on his motorcycle bearing registration No.KA-20/S-3738, a lorry bearing registration No.KA-20/C-6786 came in a high speed and in rash and negligent manner and dashed to the motorcycle on which, the deceased was proceeding. Due to which, the deceased fell down and sustained grievous injuries and died on the spot. The deceased was aged 32 years as on the date of accident and was working as a coolie, earning Rs. 10,000/- p.m.

(3.) On issuance of notice, the respondents appeared before the tribunal. Respondent No.2/insurer filed its statement denying the claim petition averments. Further, it is stated that the accident occurred solely due to the negligence of the Mohammed Areef, rider of the two wheeler. The claim made is excessive and exorbitant.