LAWS(KAR)-2020-1-66

JAYALAKSHMAMMA Vs. NEW INDIA ASSURANCE COMPANY LIMITED

Decided On January 16, 2020
JAYALAKSHMAMMA Appellant
V/S
NEW INDIA ASSURANCE COMPANY LIMITED Respondents

JUDGEMENT

(1.) Claimants in MVC.No.770/2013 on the file of Senior Civil Judge and JMFC, Pandavapura, have come up in this appeal seeking enhancement of compensation awarded by the Tribunal.

(2.) In this proceedings, the contesting respondent - insurer is neither denying the accident nor coverage of policy issued to the offending vehicle as on the date of accident. However, the lis before the Court is only with reference to quantum of compensation and rate of interest, to which the claimants are entitled to.

(3.) The records would indicate that one Boregowda, aged about 54 years met with an accident involving motor cycle on which he was travelling bearing registration No.KA-09/EF-8674 and another motor cycle bearing registration No.KA-05/MH-3244. Admittedly, the said accident took place on 9.4.2013 at about 5.00 pm., where the victim - Boregowda suffered grievous injuries, for which he was under treatment from 9.4.2013 to 11.7.2013, on which day, he succumbed to the injuries suffered in the accident. Thereafter, claim petition is filed by his widow and three children.