LAWS(KAR)-2020-3-204

THE BRANCH MANAGER Vs. PREMAKKA @ PREMA

Decided On March 05, 2020
The Branch Manager Appellant
V/S
Premakka @ Prema Respondents

JUDGEMENT

(1.) This appeal by the appellant-Insurance Company is directed against the impugned judgment and award dated 02.01.2017 passed in MVC No.489/2014 by the Court of Prl. Senior Civil Judge and CJM, Chitradurga, whereby the Tribunal awarded compensation of Rs.6,61,000/- towards the death of one Chandraiah who died in a fatal road traffic accident that occurred on 20.09.2013.

(2.) Though the matter is listed for orders, with the consent of the learned counsel for the appellant, the matter is taken up for final disposal.

(3.) Learned counsel for the Insurance company submits that the Tribunal committed an error in fastening the liability to pay compensation upon the Insurance Company without appreciating the fact that the offending vehicle in question did not possess the requisite permit to be driven at the place of occurrence of the accident. He further contended that the interest awarded by the Tribunal @ of 9% p.a. is highly excessive and the same may be reduced to 6% p.a. It is therefore contended that the impugned judgment and award passed by the Tribunal in fastening the liability on the Insurance Company to pay compensation deserves to be set aside.