M.NAGAPRASANNA
National Insurance Co. Ltd. – Appellant
Versus
Ningamma W/o Ningaiah – Respondent
JUDGMENT :
1. M.F.A. No.22181/2013 is filed by the insurance company and M.F.A. No.24823/2013 is filed by the claimants, under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the said Act of 1988’, for short) being aggrieved by the judgment and award dated 30.01.2013 passed by the Member, Motor Accident Claims Tribunal-III, Bellary, in M.V.C. No.1153/2009.
2. Parties will be referred to as per their ranking before the Claims Tribunal.
3. Facts giving rise to the filing of the appeals briefly stated are that on 12.3.2009 at about 8.30 p.m., the deceased was returning to his village and on which point of time, a bus bearing regisrataion No.KA-16/A-2718 dashed against the deceased, due to which the deceased sustained multiple fractures and succumbed to the injuries.
4. The claimants, being the wife and children of the deceased, filed the claim petition before Tribunal contending that the deceased was earning more than Rs.10,000/-per month, he was aged about 44 years and was the sole bread winner of the family. The claimants contended that, due to the death of the deceased, they lost livelihood and accordingly, claimed compensation of Rs.9.00 lakhs along with in
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