NEW INDIA ASSURANCE CO LTD Vs. MAHANKALAMMA

JUDGEMENT

(1.) These two appeals have been filed challenging the judgment and award passed by MACT-II, Bellari, in M.V.C.No.837/2012 whereunder claim petition filed by wife, minor children and parents of deceased Veeresh (father of the deceased died during the pendency of the appeal) has been allowed in part and compensation of Rs.7,20,000.00 has been awarded.

(2.) M.F.A.No.22012/2013 is filed by the Insurance Company/Insurer of offending vehicle and M.F.A.No.24615/2013 is filed by claimants not being satisfied with the quantum of compensation. Hence, we have taken up these two appeals together and heard the arguments of learned advocates appearing for the parties namely Sriyuths R.R.Mane, learned counsel appearing for insurer and Sri Lakshmikant Reddy, learned counsel appearing for claimants.

(3.) A claim petition under Sec. 166 of the Motor Vehicles Act was filed by the claimants seeking compensation of Rs.24,70,000.00 on account of death of Sri Veeresh in a road traffic accident that occurred on 19.05.2012 contending interalia that deceased Veeresh had boarded a bus to proceed to Halekote village on 19.05.2012 at about 11.15 a.m. and on account of rash and negligent driving of the bus, front door of the bus got opened and deceased Veeresh who was standing near the front door inside the bus, fell down from running bus and sustained grievous injuries and later succumbed to said injuries. On service of notice, insurer appeared, filed its statement of objections and except to the extent expressly admitted thereunder, averments made in the claim petition was denied. It was specifically contended that deceased Veeresh had fallen from the bus due to his own negligence. Tribunal after considering the pleadings and evaluating evidence on record, has allowed the claim petition in part and as noticed hereinabove, compensation of Rs.7,20,000.00 with interest at 6% p.a. has been awarded and entire liability to indemnify the award has been fixed on Insurance Company.