ORIENTAL INSURANCE CO LTD Vs. SIDDAIAH

JUDGEMENT

(1.) This appeal is filed by the insurer challenging the quantum as well as its liability to pay the compensation awarded by the Tribunal.

(2.) The claim before the Tribunal discloses that on 01.10.2005 at about 9.35 p.m. the deceased was riding pillion on a TVS-XL moped belonging to the respondent No.4 and ridden by the respondent No.3. Since, it was dark, the TVS-XL moped dashed against the lorry which was parked negligently in the middle of the road without turning the hazard lights on. This lorry was owned by respondent No.1 and insured by respondent No.2. As a result of the accident, the pillion rider died. The claim petition was filed by his legal representatives.

(3.) The insurer / appellant herein though was served with the notice of the claim petition, did not contest the proceedings. The Tribunal thereafter recorded the evidence of the claimants and having regard to the material on record passed an award directing the insurer to pay compensation of 60% of a sum of Rs.2,18,000/- along with interest at the rate of 6% per annum from the date of petition till the date of deposit of the award amount.