ORIENTAL INSURANCE CO. LTD. MADIKERI- KODAGU (INSURER OF THE LORRY NO. KA-12-5445) BY REGIONAL OFFICE THE ORIENTAL INSURANCE CO. LTD., LEO SHOPPING COMPLEX, 44/45, RESIDENCY ROAD, BANGALORE-560025 REP. BY ITS DEPUTY MANAGER Vs. SRI. CHENNABASAVA

JUDGEMENT

(1.) THIS appeal is by the insurance company challenging the judgment and award of the Tribunal on the ground of liability as well as 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 as pleaded in the claim petition are: On 30.09.2003, when the deceased B.C.Lingaraju@ Kiran was travelling as a pillion rider on a motorbike bearing registration No.KA - 12 -E -9097, from Banavara to Somwarpet near Doddaboor of Aburkatte, a mini lorry bearing registration No.KA -12 -A -5445 came from opposite direction in a rash and negligent manner and dashed against their motorbike. As a result, the deceased sustained grievous injuries and was shifted to Govt. Hospital, Somwarpet where he succumbed to injuries. Hence, his parents and younger sister filed a claim petition before MACT, Madikeri seeking compensation of Rs. 10,00,000/ -. The Tribunal awarded them a compensation of Rs.4,82,000/ - with interest at 6% p.a. and directed respondent Nos.1 to 3, who are the driver, owner and the insurer of the offending lorry to pay compensation to the claimants jointly and severally and directed the insurer to deposit the same.