ORIENTAL INSURANCE CO LTD. REPRESENTED BY ITS THE ASST. MANAGER THE ORIENTAL INSURANCE CO. LTD. Vs. SMT N.B. MANJULA, W/O. LATE Y.V. RAMESH AND OTHERS

JUDGEMENT

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

(2.) HEARD , the appeal is admitted and with the consent of the learned Counsel appearing for the parties, it is taken up for final disposal.

(3.) THE brief facts of the case: On 13.10.2007, when the deceased Y.V. Ramesh was going towards his village Yendanahalli from Vaddahalli in a goods tempo bearing registration No. KA -07 -6806 after selling tomato vegetables at Vadahalli shandy with a load of empty tomato boxes near shettihslli cross on Chintamani -Srinivasapura road, the driver of the said tempo drove the same in a rash and negligent manner and caused accident, As a result, the deceased sustained grievous injuries and died in the Government Hospital, Chintamani. Hence, his wife, two minor children and parents filed a claim petition before the MACT, Bangalore seeking compensation of Rs. 20,00,000/ -. The Tribunal awarded them a compensation of Rs. 5,40,000/ - with interest at 6% p.a.