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Judgment
These two appeals respectively by the claimants and insurer are directed against the same impugned judgment and award dated 16-11-2006 passed in MVC 375/2006 on the file of the XIX Addl. SCJ and Motor Accident Claims Tribunal, Bangalore (Tribunal for short). The Tribunal awarded compensation of Rs. 10,72,000/- with interest at 6% p.a. as against the claim of Rs, 15,00,000/- on account of the death of G.Vijaya Bhaskara Reddy in a road traffic accident.
Contending that the quantum of compensation awarded by the Tribunal is inadequate and requires enhancement, MFA No.4477/2007 is filed by the claimants whereas the insurer has filed MFA No.6651/2007 contending that the quantum of compensation awarded is on the higher side and the same may be reduced by modifying the impugned judgment and award.
Claimant No. 1 is wife and Claimant No.2 is minor daughter of the deceased. They have filed claim petition u/s 166 of the Motor Vehicles Act claiming compensation of Rs. 15 lakhs for the death of the deceased in a road traffic accident that occurred at about 3.40 p.m on 4-9-2005 on Chittoor-Palamaner road near Shankranlhipalli village in Chittoor district. It is the case of the claimants that the deceased was aged about 40 years, working as Sales Tax Practitioner and was earning Rs.28,000/- per month. The deceased had filed Income Tax returns and the average income of three assessment years comes to Rs.86.525/- per annum. He being the sole earner of the family, due to his untimely death the first claimant lost her husband in young age and the second claimant is deprived of love and affection as also security and their future life is in jeoparady. Therefore, they were constrained to file the claim petition. When the matter came up before the Tribunal, after considering the material on record the Tribunal allowed the claim petition in part awarding a sum of Rs. 10,72,000/- with Interest at 6% p.m from the date of petition till the date of deposit. Being dissatisfied with the same, the claimants have filed the appeal seeking enhancement of compensation while the insurance company has filed appeal seeking reduction of compensation.
We have heard the learned counsel for the claimants and learned counsel for the insurance company.
After hearing the learned counsel for the parties and on careful perusal of the original records, it is manifest on the face of the impugned judgment and award that there is no error or irregularity committed by the Tribunal nor we find any mis-carriage of justice in the impugned judgment and award passed by Tribunal, since it has awarded just and reasonable compensation for the untimely death of the deceased. The quantum of compensation awarded under various heads is just and reasonable. The same is neither excessive nor on the lower side. We do not find any unreasonableness or arbitrariness in the compensation awarded nor we find any good ground made-out either by the claimants or the insurance company to interfere with the impugned judgment and award.
For the foregoing reasons, the appeals are dismissed. The amount in deposit shall be transmitted to the Tribunal immediately.
Draw the award accordingly.