ANNAPURNA Vs. VIJAY

JUDGEMENT

(1.) THIS appeal is directed against the common judgment and award dated 13-12-2002 passed in M.V.C. No. 152/1999 on the file of Prl. District Judge & MACT at Gulbarga (herein after referred to as 'Claims Tribunal' for short). The Claims Tribunal by its Judgment and Award, awarded a sum of Rs. 11,70,000/- with interest at 6% p.a. from the date of petition till the date of realisation. Being dissatisfied with the quantum of compensation awarded, the appellants have presented the instant appeal.

(2.) THE brief facts of the case is that, appellant No. 1 is the wife of deceased Vijay Hogade: appellant Nos.2 and 3 are the minor sons and appellants Nos.4 and 5 are the parents of deceased. THE deceased Dr. Vijay Hogade, aged about 44 years, died in an accident that occurred on 8-11-1998. THE deceased Dr. Vijay Hogade and other inmates were travelling in a Maruti Car bearing registration No. KA-32- M-1272 with driver to Bidar for attending a conference near Uplaon Cross at 9.30 a.m., a lorry bearing registration No. AP-13-T-6401 which was going behind the Maruti Car and at that time another car came from the opposite direction, in spite of taking all care and caution, following the traffic rules and giving a light signal and also hand signal, the driver of the lorry came at a high speed in a rash and negligent manner, dashed against the Maruti Car, the Car was turned turtle and the lorry. ran over the Maruti Car. On account of the serious injuries sustained, the deceased Dr Vijay Hogade and other inmates in the Car died in the accident. THE deceased Dr. Vijay Hogade is the bread-earner in the family. THErefore, the appellants were constrained to file the Claim Petition, claiming compensation of Rs. 1,04,65,000/- against the respondents.

(3.) PER contra, Sri. R.V. Nadagoudar, Learned Counsel appearing for the third respondent-Insurance Company, inter alia, contended and substantiated, the judgment and award passed by the Claims Tribunal as just and proper and no interference is called for.