SYED AZHAR HUSSAINI Vs. SHARANAPPA, SAIBANNA AND THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) M .F.A. No. 30081/2011 & M.F.A. No. 31658/2011 are directed against the judgment and award dated 14.07.2010 passed by the Principal Civil Judge (Sr. Dn.) and MACT, Gulbarga in MVC No. 930/2009 while M.F.A. No. 302238/2011 is directed against the judgment and award dated 26.10.2010 passed by the 3rd Additional Civil Judge (Sr. Dn.) and MACT, Gulbarga in MVC No. 595/2009. The two claim petitions arose out of the motor vehicle accident that occurred at about 8.00 p.m. on 26.08.2009 involving the motor cycle bearing registration No. KA -36 -A -9285 and a tanker bearing registration No. KA -32 -3856 near Panegaoun Cross on Gulbarga -Jewargi main road.

(2.) MVC No. 930/2009 was filed by the legal representatives viz., wife, children and mother of the deceased Raj Ahmed who was the rider of the motor cycle and died at the spot, under Section 166 of the M.V. Act seeking compensation of Rs. 25,00,000/ -

(3.) THE claimants in MVC No. 930/09 further contended that the deceased Raj Ahmed was carrying on a hotel business and was earning not less than Rs. 500/ - per day from the said business and in addition, he was also earning annual income of Rs. 3 Lakhs from the agricultural lands and that he was the only bread earner of the family. The claimant in MVC No. 595/2009 further contended that in spite of the best treatment he has suffered permanent disability, which has affected his future earning capacity.