NATIONAL INSURANCE COMPANY LTD Vs. GURUMALLAMMA

JUDGEMENT

(1.) Leave granted.

(2.) Application of the Second Schedule appended to the Motor Vehicles Act, 1988 (the Act) in the facts and circumstances of this case is involved in this appeal which arises out of a judgment and order dated 19.11.2007 passed by a Division Bench of the High Court of Karnataka at Bangalore in MFA No. 6627 of 2007 dismissing the appeal preferred by the appellant insurance company from a judgment and award dated 29.11.2006 passed in MVC No. 982 of 2006 by the 16th Additional Judge, MACT, Bangalore, awarding compensation for a sum of Rs. 4,78,300/- by way of compensation.

(3.) Indisputably, one Nagraj, predecessor-in-interest of the respondent, died in an accident which took place on 14.12.2005. The deceased was travelling in an auto rickshaw bearing registration No. KA-05-A/4240. It collided with a car bearing Registration No. KA-02-N/4605.