NATIONAL INSURANCE COMPANY LIMITED REP. BY ITS ADMINISTRATIVE OFFICER MR. KHAJA PASHA Vs. ANJALI W/O. LATE UTTIRAM, KUM. JEEVA D/O. LATE UTTIRAM AND NFAR CONSTRUCTIONS PRIVATE LIMITED

JUDGEMENT

(1.) THIS appeal by the Insurer is directed against the judgment and award dated 23rd January 2008, passed in MVC No. 2790/2006, by the XVI Additional Judge, Court of Small Causes, Member, Motor Accident Claims Tribunal, Metropolitan Area, Bangalore (SCCH -14), (for short, 'Tribunal') for reduction of compensation and also to set aside the liability fastened on it, on the ground that, the compensation of Rs. 4,79,700/ - awarded in favour of the claimants is excessive.

(2.) THE facts in brief are that, the claimants are the mother and sister of the deceased Late U. Thirumal. They filed the claim petition under Section 163A of the Motor Vehicles Act, contending that, at about 8:15 A.M. on 18 -03 -2006, when the deceased was walking as a pedestrian, by observing all traffic norms, cautiously, at that time, all of a sudden, a Tata Mobile Vehicle bearing No. GA -01/T -5330 came in a very high speed, in a rash and negligent manner and dashed against the deceased. Due to the impact, the deceased sustained grievous injuries and succumbed to the same, on the spot.

(3.) ON account of the death of the deceased, the claimants filed the claim petition under Section 163A of the Motor Vehicles Act, (the Act' for short) before the Tribunal, seeking compensation against the Appellant/Insurer and the owner of the offending vehicle. The said claim petition had come up for consideration before the Tribunal on 23rd January 2008. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 4,75,200/ - towards loss of dependency and Rs. 4,500/ - towards the conventional heads, viz. loss of estate and transportation and funeral expenses, as per the second schedule to Section 163A of the Act and in all a sum of Rs. 4,79,700/ -, with 6% interest per annum, from the date of petition till the date of payment. Being aggrieved by the quantum of compensation as also the liability fastened on it, the Appellant Insurer is in appeal before this Court, seeking to set aside the same.