NATIONAL INSURANCE CO. LTD. Vs. CHANDRAHASA DEVADIGA

JUDGEMENT

(1.) All the three appeals are by the National Insurance Company Limited against the common judgment and award dated 12.08.2013 passed in MVC Nos. 1600/2010, 1894/2010 and 92/2011 on the file of the Motor Accident Claims Tribunal, Mangalore (hereinafter referred to as 'the Tribunal' for short).

(2.) The mother, elder brother and elder sister of deceased Dolphy D'Souza filed claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation for the death of Dolphy D'Souza in a road traffic accident. The claimants Yusuf and Chandrahasa filed claim petitions under Section 166 of the Motor Vehicles Act claiming compensation for the accidental injuries suffered by them in the road traffic accident.

(3.) The deceased Dolphy D'Souza and injured Yusuf and Chandrahasa were traveling in the bus bearing KA-19/C-666, at that time, driver of the bus drove the same in a rash and negligent manner and dashed to another bus bearing registration No.KA-19/C-6291 which was coming from the opposite side, thereby caused accident, which resulted in death of Dolphy D'Souza and the injuries to Yusuf and Chandrahasa. It is stated that as on the date of accident, the deceased Dolphy D'Souza was aged 40 years and was earning Rs.300/- per day by working as a mason. The injured Yusuf was aged 32 years earning Rs.300/- per day by working as driver of the bus and the injured Chandrahasa was aged about 45 years and used to earn Rs.6,500/- p.m. by working as a security guard.