NATIONAL INSURANCE CO. LTD. Vs. BERIKAMMA, M. NAGAPPA AND SURESHA R.

JUDGEMENT

(1.) THESE two appeals by the Insurer and by the claimant are arising out of the same judgment and award dated 11/06/2008 passed in MVC No. 3771/2006, by the XVI Additional Judge and Motor Accident Claims Tribunal, Bangalore City (SCCH -14), (hereinafter referred to as ' Tribunal' for short). By its judgment and award, the Tribunal has awarded a sum of Rs. 7,80,000/ with interest at 6% p.a., from the date of petition till the date of realization as against the claim made by the claimant for a sum of Rs. 36,00,000/ -, on account of the death of the deceased Sri. T.N. Naveen Kumar in the road traffic accident.

(2.) IT is the case of the Insurer that, deceased was not a pillion rider and he was a rider of the two wheeler, but the Tribunal treating him as a pillion rider, allowed the claim petition contrary to the entry found in the inpatient case records of K.R. Hospital, Bangalore. Therefore, he submitted that issuing a direction by the Tribunal to the Insurer to indemnify the award amount cannot be sustained and is liable to be set aside. Whereas, it is the case of the claimant that, the quantum of compensation awarded by the Tribunal on account of the death of the deceased Sri. T.N. Naveen Kumar is inadequate and it requires to be enhanced.

(3.) IT is the further case of the claimant that, deceased was aged about 22 years and he was hale and healthy prior to the accident. He was a medical student studying in III year MBBS and he had completed I and II year of MBBS course. Due to his untimely death, claimant has lost her son who was her future hope and security, apart from mental shock and agony and she is deprived of the love and affection of her son. Therefore, claimant along with her husband has filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation against the respondents.