Meenaxi W/o Raghavendra Choori v. Mohd. Yunus Ismailkhan
2017-02-06
S.N.SATYANARAYANA
body2017
DigiLaw.ai
JUDGMENT : The claimants in M.V.C. No. 355/2011 on the file of M.A.C.TIII, Bagalkot, have come up in this appeal challenging the judgment and award dated 18.01.2013 so far as it pertains to fastening liability to pay compensation on the owner of the offending vehicle and exonerating the liability of the Insurance Company. 2. Admittedly, the accident took place on 11.10.2010 involving two vehicles, i.e., a motorcycle bearing no. KA28/K2360 and a lorry bearing no. HR74/5230. The claim petition in M.V.C. No. 355/2011 is concerned, it is by the legal representatives of the rider of the motorcycle, a Government employee said to have died leaving him surviving two widows and four children besides his mother. It is also stated that there was one more victim who was pillion on the aforesaid motorcycle. He is said to have suffered injuries. Another proceedings for compensation was initiated by him in M.V.C. No. 775/2011 on the file of MACTVII Court, Bijapur, whereas the proceedings on hand is in respect of M.V.C. No. 355/2011. 3. The grievance of the appellants is that, the claim petition which was filed by the pillion rider in M.V.C. No. 775/2011 is allowed. The second respondent-insurer in the said proceedings, who is the second respondent-insurer in this proceedings is also directed to pay the compensation. When it comes to the proceedings on hand, the Tribunal, which heard the claim petition in M.V.C. No. 335/2011 has declined to fasten liability on the Insurance Company on the ground that Insurance particulars furnished are not sufficient to establish its liability. He would also bring to the notice of this Court that the second respondent insurer has satisfied the claim in M.V.C. No. 775/2011 on the file of MACTVII Court, Bijapur. In this background it is clearly seen, when the second respondent Insurer has accepted the liability with reference to pillion rider of the motorcycle, it is estopped from pleading immunity to pay compensation in this proceeding on the ground that particulars furnished are insufficient. 4. In this background after hearing both the parties, the judgment and award in M.V.C. No. 775/2011 is also looked into. It is seen that a serious error is committed by the Court below in not properly appreciating the evidence. There is dishonest intention on the part of the insurer in not gracefully accepting its liability.
4. In this background after hearing both the parties, the judgment and award in M.V.C. No. 775/2011 is also looked into. It is seen that a serious error is committed by the Court below in not properly appreciating the evidence. There is dishonest intention on the part of the insurer in not gracefully accepting its liability. Having accepted the same in M.V.C. No. 775/2011, it ought to have followed the same in this claim proceedings also. 5. Be that as it may, now coming to the fact of the present appeal so far as it pertains to fastening liability on the insurer of the second respondent of the offending lorry is concerned, the same is allowed. The judgment of the Tribunal is modified to that extent thereby fixing liability on the insurer of the offending lorry in addition to the liability already saddled on the owner of the offending lorry. 6. So far as the other prayer in the appeal with regard to enhancement of compensation on the ground that the deceased had two wives and through him he has four children and that he was a Government employee, would not appeal to this Court. In the first place being a Government employee, he could not have two wives. Therefore, this Court cannot recognize them as two wives, in the absence of material to show who is the legally wedded wife, this Court even by mistake would not entertain the claim of one of them for award of compensation under the head ‘loss of consortium’ and other things. 7. However, when it comes to the children who are appellant Nos.2, 3, 5 and 6 of the deceased, and No.7, mother of the deceased is concerned, this Court feel that the compensation awarded towards loss of love and affection to the children is on the lower side and on that ground, the compensation towards loss of love and affection is enhanced from Rs.10,000/- each to Rs.25,000/- each to four children of the deceased and on that count the appellant Nos.2,3,5 and 6 are entitled to Rs.60,000/- enhanced compensation. With regard to loss of love and affection to the 7th appellant-mother is concerned, another Rs.40,000/- is awarded. With the above modification, the compensation awarded by the Member, MACT NO. III, Bagalkot, is enhanced to Rs.1,00,000/-.
With regard to loss of love and affection to the 7th appellant-mother is concerned, another Rs.40,000/- is awarded. With the above modification, the compensation awarded by the Member, MACT NO. III, Bagalkot, is enhanced to Rs.1,00,000/-. The entire compensation is required to be deposited by the second respondent insurer in this proceeding and the same shall be distributed among the appellants in the manner as shown in the judgment in the claim petition. The appeal is accordingly disposed of.