Being aggrieved by the award directing the insurer to pay the companypensation amount to the claimants and recover the same from the owner of the vehicle, the insurance companypany filed appeal before the High Court.
On 14.04.2008, Shankareppa Pattar son of the Signature Not Verified Digitally signed by MADHU BALA Date 2018.08.08 170830 IST appellants claimants was travelling in a jeep bearing Reg.
Since the driver of the jeep had numbervalid driving licence at the time of the accident and since there was violation of the terms of the insurance policy, the Tribunal directed the insurance companypany to pay the companypensation to the claimants and granted liberty to the insurance companypany to recover the same from the owner of the offending vehicle.
In the claim petition filed by the appellants parents of the deceased Shankareppa, the Tribunal awarded companypensation of Rs.3,55,500/ with interest at 6 per annum from the date of claim petition till realisation.
KA Reason 22/M 3805.
The claimants have also filed appeal seeking enhancement of companypensation.
The High Court has enhanced the companypensation awarded by the Tribunal from Rs.3,55,500/ to Rs.4,94,700/ .
To determine the loss of dependency, the High Court has taken into companysideration the age of the deceased Shankareppa and has adopted multiplier of 18 instead of multiplier of 14.
The jeep was driven negligently due to which door of the jeep suddenly opened and Shankareppa was thrown out of the vehicle and sustained grievous injuries and died in the hospital.
Being aggrieved by the judgment of the High Court setting aside the direction to the insurance companypany to pay and recover, the appellants claimants have preferred this appeal.
BANUMATHI, J. Leave granted.
This appeal arises out of the judgment dated 14.09.2016 passed by the High Court of Karnataka at Dharwad Bench in MFA No.24534 of 2010 in and by which the High Court reversed the award passed by the Tribunal for pay and recover holding that the owner of the vehicle is liable to pay the companypensation to the appellants claimants.
