DIVISIONAL MANAGER, ORIENTAL INSURANCE CO LTD Vs. KHURSHIDUNNASHA

JUDGEMENT

(1.) Respondent No.4-Insurer in MVC No.1471/2011 on the file of the Fast Track Court-I and Member, Additional, MACT, Belagavi has come up in MFA No.22642/2013 impugning the judgment rendered in the aforesaid claim proceedings sofar as it pertains to calculating the compensation in favour of the claimants under Section 166 of the Motor Vehicles Act, 1988 (for short 'the M.V.Act') where the compensation awarded to the claimants is to the tune of Rs.29,20,000/- payable with interest at the rate of 8% p.a. from the date of petition till its realization.

(2.) In this appeal, on service of notice, respondent Nos.1 and 2 who were claimants before the Tribunal have come up in MFA Crob.No.936/2013 seeking enhancement of compensation awarded by the Tribunal. It is noticed that, before the Tribunal, two of the children of the deceased Anwar Hussain Somalapur were respondent Nos.5 and 6, that means they did not join their mother and sister in filing of the claim petition before the Tribunal. The said persons have not joined the cross objectors in this proceedings also and they have remained as respondents both in the appeal as well as in the cross objection.

(3.) The brief facts leading to this appeal and cross objection are as under: