The appeal in MFA No.3703/2021 is filed by the

unfortunate father and grand father of the deceased Sayandeep

sen for enhancement of compensation and MFA No.2753/2021 is

filed by the insurance company for reduction of compensation.

Both these appeals are filed against the impugned judgment and

award dated 02.09.2020 passed in MVC No.2532/2018 on the

file of the Motor Vehicles Accident Claims Tribunal, Bengaluru

awarding total compensation of Rs.54,02,000/- with interest at

9% p.a. from the date of the petition till the date of realization.

2.

It is the case of the claimants that on 30.03.2018 at

about 1.50 p.m the deceased Sayandeep sen was traveling in a

Ford Eco sport car bearing registration No.AP-09-CT-0300 from

Biligirangana Betta towards Bengaluru and reached near

Thungani gate, Kanakapura-Bengaluru Main Road, NH-209 road,

Kanakapura Taluk, Ramangara District. At that time, the driver

of the said car without observing any traffic rules and regulations

has driven with rash and negligent manner endangering to

human life, dashed against the road side stone and toppled the

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car, as a result of which the accident occurred and the deceased

sustained severe injuries all over the body and was succumbed

to fatal injuries on spot. He was shifted to Kanakapura

Government Hospital, wherein, the doctor was declared that

brought dead and after postmortem examination, the dead body

was handed over to the claimants. Thereafter, the claimants

took the dead body to their residence Haora, West Bengal and

conducted funeral and obsequies ceremonies by incurring

expenses of Rs.3,00,000/- including transportation charges.

2.

It is the further case of the claimants that on account

of sudden and sad demise of the deceased in the said accident,

the claimants have undergone deep mental shock, pain and

suffering. It is further case that prior to the accident, the

deceased was hale and healthy, studying B.B.A., (Finance and

International

business)

final

year

at

Christ

University,

Bannerghatta Road Campus, Bannerghatta Road, Hulimavu,

Bengaluru and was distinction student in the college. The

deceased was appointed as a trainee-business development at

Samast Technologies Pvt. Ltd. in campus selection conducted by

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the Christ College, wherein, the salary was fixed at Rs.45,000/-

per month and Rs.5,28,000/- as annual salary. The deceased

also received employment offer letter dated 11.03.2018 as full

time permanent employee. The deceased had bright future and

prospects in the aforesaid company and he contributed his entire

income to maintain his family members. The jurisdiction police

have registered a criminal case against the driver of the Ford Eco

sport car bearing registration No.AP-09-CT-0300 under Sections

279, 338 and 304(A) of IPC. The 1^st respondent being the owner

of offending vehicle and 2^nd respondent being the insurer, both

the respondents are jointly and severally liable to pay

compensation to the claimants. Hence, the claimants have

sought for compensation of Rs.80,00,000/- with cost and

interest.

3.

In response to the notice, the respondent No.1 has

remained absent and was placed exparte. Respondent No.2-

insurance company filed the written statement denying the

averments made in the claim petition and contended that the

driver of the car bearing registration No.AP-09-CT-0300 was not

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holding valid and effective driving license on the date of the

accident and was not qualified for holding or obtaining such

driving license and further not satisfied the requirements of the

Rule 3 of the Central Motor Vehicle Rules, 1989. The respondent

No.1 knowing fully well that the driver did not possess valid and

effective driving license and willfully entrusted the vehicle to the

said driver. Thereby, the owner of the vehicle committed breach

of terms and conditions of the policy, hence, 2^nd respondent is

not liable to pay compensation.

4.

Based on the aforesaid pleadings, the Tribunal

framed the following issues:

"1.

Whe