NATIONAL INSURANCE CO LTD Vs. GEETHA P NAYAK

JUDGEMENT

(1.) The appeal by the Appellant - insurance company challenging the judgment and award passed by the Tribunal on the ground of quantum and negligence.

(2.) It is the contention of the learned Counsel appearing on behalf of the Appellant that the negligence aspect has not been considered by the Tribunal. The contribution of the deceased should have been taken and eventually negligence should have been fastened on the deceased also for the purpose of calculating the award. The second ground taken by the Appellant is in respect of the deduction towards personal expenses. The claimant Petitioner is the sole dependent of her deceased husband, when such being the case, 50% of personal and living expenses has to be deducted. Consequently learned Counsel submitted to reduce the compensation awarded by taking into consideration the negligence and also 50% for personal expenses.

(3.) The facts leading to the case are: - The husband of the Petitioner died in an accident which occurred on 17.10.2005 while he was riding a Bajaj Chetak Scooter bearing No.KA 19/L-9179. The offending vehicle being a motor cycle which came in opposite side and caused the accident resulting in the death of husband of the claimant. A claim has been made in MVC No.361/2006. The police have registered a case for the offences punishable under Section IPC and also MV Act. Rider of the offending vehicle that is, a motor cycle No. KA/14/E-5192 has been charge sheeted. On behalf of the Petitioner PW2 and PW3 have been examined claiming that they are the eyewitnesses to the accident. Ex. P1 is the FIR wherein a complaint has been made against the offending vehicle and Ex. P2 is the complaint. Exhibits P3, P5 and P6 are the spot mahazar, M.V. report and police notice in respect there to.