NEW INDIA ASSURANCE CO LTD Vs. SARASWATHAMMA

JUDGEMENT

(1.) THIS appeal by the Insurance Company is directed against the impugned judgment and award dated 16th February, 2005, passed in M.V.C. No. 1097/2004, by the Additional Judge, Member, Motor Accident Claims Tribunal-V, Court of Small Causes, Bangalore City, (SCCH-5), (for short, 'Tribunal') for reduction of compensation on the ground that, the compensation of Rs.4,92,000/- awarded in favour of the claimants as against their claim for Rs.06.00 lakhs, is on the higher side and needs to be reduced.

(2.) THE facts in brief are that the respondent Nos. 1 and 2 herein, being the wife and son of deceased R. Venkataramanappa, filed a claim petition under Section 166 of the Motor Vehicles Act, contending that at about 10:30 a.m., on 26-04-2003, when the deceased was going on his cycle on NH-7, in front of Taluk Office, Devanahalli Tow, at that time, the rider of Scooter No.KA-04/EB-6365 came at high speed, in a rash and negligent manner and dashed against the deceased. Due to the impact, he was thrown on the road and sustained severe injuries on his head and other parts of the body. Later, he took treatment in several hospitals and succumbed to the same at Devanahalli Government Hospital on 12-01-2004, after nearly nine months.

(3.) THE bone of contention of the learned counsel appearing for Insurer is that there is no nexus between the injuries sustained in the accident that occurred on 26-04-2003 and the death of the deceased, after nearly nine months, on 12-01-2004. THErefore, the compensation awarded by Tribunal is liable to be set aside by modifying the impugned judgment and award passed by Tribunal.