NATIONAL INSURANCE CO LTD Vs. ANJALI

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 ' 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.) It is the case of the claimants that, the deceased was aged about 22 years, working as mason and a laundry man, earning a sum of ' 3,300/- per month and hale and healthy prior to the accident. It is also their case that he was contributing the entire sum towards the family requirements and on account of his untimely death, the family has become haywire and they have lost the only source of income apart from social and financial security and therefore, they have to be compensated reasonably.