UNITED INDIA INSURANCE CO LTD, B.H. ROAD JAYADEVAPPA COMPLEX, TUMKUR NOW REP. BY M/S UNITED INDIA INSURANCE CO LTD. REGIONAL OFFICE 25, SHANKARANARAYANA BUILDING M.G. ROAD, BANGALORE - 1 REP. BY ITS REGIONAL MANAGER Vs. LAKSHAMMA W/O LATE MUTHUR

JUDGEMENT

(1.) THIS appeal is by the insurer challenging the judgment and award dated 24.7.2006 passed in MVC No. 1006/2003 on the file of the learned Civil Judge (Sr.Dn.) and Addl. MACT, Kunigal.The Tribunal, by its impugned judgment and award has awarded a sum of Rs. 3, 07,000/ - with interest at 6% p.a. from the date of petition till the date of realisation, Contenting that the quantum of compensation is on the higher side and that fastening liability on the insurer cannot foe sustained and the same has to foe modified, the insurer has presented this appeal.

(2.) THE occurrence of the accident on 13.6.2004 at 9.45 p.m. and the resultant death of the deceased in the road traffic accident are not in dispute. The claimants are the legal representatives of the deceased Sri. Hanumantharaju. The wife and minor daughter of the deceased have filed the claim petition for condensation against the appellant -insurer, owner and driver of the offending vehicle contending that due to the untimely death of the deceased, they have lost the sole bread -earner of the family and - their future has been jeopardised. The said natter had come up for consideration before the Tribunal, and the Tribunal in turn, on careful evaluation of the oral and documentary evidence available on record, allowed the same in part, awarding a sum of Rs. 3,07,000/ - with interest at 6% p.a. from the date of petition till the date of realisation. Not being satisfied with the impugned judgment and. award passed by the Tribunal, the appellant -insurer felt necessitated to present this appeal.

(3.) ON the other hand, learned counsel appearing for the appellant, Sri.A.M. Venkatesh, at the outset,, disputed the driving licence and submitted that as on the date of the accident, driver of the offending vehicle did not possess valid driving licence.