DIVISIONAL MANAGER ORIENTAL INSURANCE CO LTD Vs. MEENAXI

JUDGEMENT

(1.) The Insurance Company is in appeal aggrieved by the quantum of compensation awarded under the judgment and award dated 7.9.2018 passed in MVC No.2289/2014 on the file of the Additional Motor Accident Claims Tribunal and Senior Civil Judge & JMFC, Khanapur (for short, 'Tribunal') praying for reduction of quantum of compensation.

(2.) Even though the appeal is listed for Admission, with the consent of the learned counsel for the parties, the same is heard finally and disposed of by this judgment.

(3.) Brief facts of the case are that the claimants are wife and children of the deceased Basavaraj Haladukar. The claimants had filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation for the death of the deceased Basavaraj Haladukar in a motor vehicle accident. It is stated that on 18.01.2014 at about 8.15 a.m., the deceased was proceeding in a motor cycle bearing No. KA-22/EA-6295, at that time, Indica Vista Car bearing Reg. No.KA-22/N-8349 came from opposite direction in a high speed in rash and negligent manner and dashed against motor cycle of the deceased. Due to which, the deceased fell down on the road and sustained fatal injuries. Subsequently, the deceased succumbed to the injuries during treatment. It is stated that the deceased was a Teacher in Govt. Primary School and owning more than 5 acres of gardening land and earning more than Rs.6,00,000/- income per year apart from salary received as a Teacher.