ICICI LOMBARD GENERAL INSURANCE CO LTD Vs. TABASUM

JUDGEMENT

(1.) This appeal is filed by the insurer of the offending vehicle challenging the judgment and award dated 04.01.2019 made in M.V.C.No.35/2018 by the Court of Prl. Senior Civil Judge and Addl. M.A.C.T., Saundatti on the ground of contributory negligence and quantum of compensation.

(2.) We have heard learned counsel appearing for the insurer and learned counsel appearing for the claimants.

(3.) Brief facts of the case are, on 05.09.2017 at about 6.30 p.m. husband of the first claimant Goresab Sanadi was proceeding on his motorcycle bearing registration No.KA-24/K-5293 and when he reached Achamatti village limits of Saundatti Taluk, a Maruti Celerio car bearing registration No.KA-26/M-8727 came from the opposite direction driven in a rash and negligent manner and dashed against his motorcycle. As a result, Goresab Sanadi sustained grievous injuries and succumbed to the injuries on the spot. Claimants are the wife and mother of the deceased. They filed claim petition under Section 166 of M.V. Act before the Tribunal claiming a total compensation of Rs.1,81,98,000/- with interest at 18% p.a. The Tribunal by means of impugned judgment and award, awarded a total compensation of Rs.45,51,920/- with interest at 9% p.a. from the date of petition till realization.