MOHAMMAD NAWAZ
M. Devi, W/o. Late M. Jyotheshwar Reddy – Appellant
Versus
Zefrul Haque – Respondent
JUDGMENT :
1. MFA No.95 of 2013 is filed by the widow and children of the deceased M. Jyotheshwar Reddy, seeking enhancement of compensation.
MFA No.709 of 2013 is filed by the Insurance Company, challenging the liability as well as the quantum of compensation awarded by the Tribunal.
2. Both the appeals are directed against the judgment and award dated 09.10.2012 passed by the MACT, Bengaluru in MVC No.1747/2010, wherein the Tribunal has awarded a total compensation of Rs.10,79,200/-along with interest at 6% per annum to the claimants for the death of M. Jyotheshwar Reddy in a road traffic accident.
3. I have heard the learned counsel appearing for the claimants and the learned counsel appearing for the Insurance Company.
4. The brief facts of the case are that on 22.09.2003 at about 1.30 p.m., near Mirasipalle bus stop, Mirasipalle Village of Kadappa District, the deceased M. Jyotheshwar Reddy was traveling in a Tata 709 Van bearing registration No.MH04AG5501 towards Laxmipeta of Kadappa District, with a load of hens belonging to its owner, M/s. Suvera Hatcheries Private Limited
Dhannalal vs. D.P. Vijayvargiya and others reported in 1996(4) SCC 652
M/s. Purohit and Company vs. Khatoonbee and another
New India Assurance Company Limited vs. Vedavathi
National Insurance Company Limited vs. Cholleti Bharathamma and others 2008 ACJ 268
National Insurance Company Limited vs. Baljit Kaur and others reported in 2004 ACJ 428
New India Assurance Company Limited vs. C. Padma and Another reported in (2003) 7 SCC 713
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