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Judgment
Huluvadi. G. Ramesh
Office objection is dispensed with.
These appeals are by the claimants challenging the negligence and also the quantum of compensation awarded by the Civil Judge (Sr. Dn.) and MACT. Pandavapura in M.V.C. Nos. 169/2009 and 170/2009 respectively.
In the accident occurred on 29.4.2008 near Pandavpura, Melukote road one M.S. Vijaykumar who was riding the motorcycle bearing No. KA 11 Q 501 died on the spot and one Singegowda the appellant in MFA No. 10496/2011 who was going as a pillion Oder sustained grievous injuries, due to the negligence of the canter lorry bearing No. KA09 A 7921, which dashed to the motorcycle. The Tribunal on the basis of the complaint filed immediately after the accident, having come to the conclusion that the accident was due to the negligence of the driver of the canter lorry, however, on the ground that there is also contributory negligence on the part of the rider of the motor cycle and that the owner and the insurer of the said vehicle have not been made parties to the petition, while-deducting 20% of the compensation amount towards the contributory negligence of the deceased, has awarded a total compensation of Rs. 13,87,168/- in M.V.C. No. 169/2009 and Rs. 3,65,955/- in M.V.C. No. 170/2009.
Heard.
On perusal of paragraph 14 of the judgment of the Tribunal, it is crystal clear that, the accident was due to the negligence of the driver of the canter lorry. In that view of the matter, the finding of the Tribunal that the rider of the motorcycle is negligent to the extent of 20% is without any basis and even making the insurer and the owner of the motorcycle as parties may not be necessary. In the circumstances, the finding given by the Tribunal in paragraph 19 of the judgment is reversed in fastening the liability to the extern of 20% on the rider of the motorcycle.
In respect of the quantum of compensation awarded in MFA No. 9468/2011 is concerned, deceased M. S. Vijaykumar was a Government servant and an amount of Rs. 17,13,960/- is awarded towards loss of dependency and another Rs. 20,000/-has been towards conventional heads. However, since it is held that there is no contributory negligence on the part of the deceased, the deduction made by the Tribunal to the extent of 20% is set aside and the claimants are awarded another Rs. 20,000/- on the conventional heads. Thus, the claimants are entitled for Rs. 17,53.960/- with 6% interest from the date of petition till deposit.
In MFA No. 10496/2011, the total compensation awarded is Rs. 4,57,444/-. However, the claimant could be awarded another Rs. 20,000/- on the head, loss of amenities and enjoyment in life, over and above what has been awarded by the Tribunal, with 6% interest from the date of petition till deposit, insurer to deposit the amount in three months.
Appeals are allowed in part.