LAWS(KAR)-2011-3-327

UNITED INDIA INSURANCE CO. LTD. DULY REPRESENTED BY THE REGIONAL MANAGER UNITED INSURANCE CO. LTD. BY ITS MANAGER Vs. SMT. PARVATHAMMA, W/O LATE SRI MAHADEVAPPA AND OTHERS

Decided On March 11, 2011
United India Insurance Co. Ltd. Duly Represented By The Regional Manager United Insurance Co. Ltd. By Its Manager Appellant
V/S
Parvathamma, W/O Late Sri Mahadevappa Respondents

JUDGEMENT

(1.) THIS appeal is by the insurer of offending vehicle challenging the award of the Tribunal on the ground of liability.

(2.) HEARD the learned Counsel appearing for the parties and perused the records.

(3.) BRIEF facts of the case as pleaded in the claim petition are. That on 28 -8 -02, when deceased Mahadevappa was returning from his daughter's house at Singanailuru tillage, by walk near Milk Storage Centre, the bus bearing registration No. TN -01/N -734 came in a rash and negligent manner and dashed against him. As a result, he sustained grievous injuries and immediately he was taken to Kollegal Hospital, and from there, he was taken to Nimhans and from there, he was shifted to Victoria Hospital and treated as inpatient, and on 29 -8 -02, he succumbed to injuries. His wife, two major sons and two major daughters tiled a claim petition before the Mact, Kollegal, seeking compensation of Rs. 4.77,400/ -. The Tribunal by impugned judgment and award has awarded compensation of Rs. 4,38,000/ - with interest at. 6% p.a. and directed the driver, owner and insurer of the bus to pay the same to the claimants jointly and severally.