BRANCH MANAGER, THE ORIENTAL INSURANCE COMPANY, LTD. NO. 1/1, CONNAUGHT ROAD, QUEENS ROAD CROSS, BANGALORE. BY REGIONAL OFFICE, NO.44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD. BANGLORE-25. REP. BY ITS DEPUTY MANAGER Vs. SMT. KANTHI @ CHANDRAVATH

JUDGEMENT

(1.) THIS appeal by the Insurer is directed against the impugned judgment and award dated 6th April 2009, passed in M.V.C.No.29/2008. by the Civil Judge(Sr.Dn) and J MFC and Member, MACT, Virajpet, (for short, Tribunal'), for reduction of compensation on the ground that, the compensation of Rs. 6,26,000/ - awarded in favour of the claimants as against their claim for Rs. 20.00 Lakhs, is excessive and on the higher side.

(2.) THE facts in brief are that, claimant No. 1 is the wife, claimant: Nos. 2 and 3 are the minor daughters and claimant No.4 is the mother of the deceased late K.K. Shashidhar, They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that at about 7:30 P.M. on 21 -11 -2007, when the deceased was travelling in a Tata indigo Car with one M.K. Kabirdas of Ponnampet, he met with an accident, on account of rash and negligent driving by the driver of the said car bearing Registration No.KA -05/MK -13. Due to the impact, the deceased fell down and sustained grievous injuries and was immediately taken to nearby Hospital and Civil Hospital, Virajpet and Madikeri Hospital in an Ambulance and he was shifted to Mysore Hospital for further treatment. But, unfortunately, he succumbed to the injuries on the way to Mysore.

(3.) ON account of the death of the deceased, the claimants riled the claim petition before the Tribunal, seeking compensation of a sum of Rs. 20.00 lakhs against the owner, driver and the insurer of the offending vehicle. The said claim petition had come up for consideration before the Tribunal on 6th April 2009. The Tribunal, after considering the relevant material available on file, after appreciation of the oral and documentary evidence, allowed the claim petition, awarding a sum of Rs. 6,26,000/ - under different heads, with 6% interest per annum, from the date of petition till the date of deposit Being aggrieved by the quantum of compensation awarded by the Tribunal, the Insurer is in appeal before this Court, seeking; reduction of the same.