MANAGING DIRECTOR Vs. K.VIJAY

JUDGEMENT

(1.) In a vehicular accident that happened on 15.07.2015 at around 8.30 p.m. because of rash and negligent driving of the offending Bajaj Pulsar motorcycle bearing Registration No.KA-37/X-6864, the bread winner of the family of the claimants viz., Mr.Venkatesh Nayaka, being the pillion rider, having been gravely injured breathed his last; the claim petition in M.V.C. No.4/2016 was vehemently opposed by the respondent-insurer by filing the Written Statement

(2.) After seeing the evidentiary material loaded from the side of claimants at Exs.P.1 to P.20 which included the Police Papers, Post-Mortem Report, Record of Rights and Pass Book of Milk Dairy, etc and also the evidentiary material at Exs.R.1 to R.4 placed on record by the insurer without none entering the witness box from it's side, the MACT has made the Judgment and Award dated 17.04.2018 ordering for a compensation of Rs.12,30,000/- with interest at 6% per annum. The same are put in challenge by the claimants grieving that what has been awarded is militantly low.

(3.) After service of notice, the respondent-insurer having entered appearance through its panel counsel vehemently resists the appeal making submissions in justification of the impugned Award and the reasons on which it has been structured; the panel counsel contends that the MACT having accumulated expertise in the trade has employed it in structuring the impugned Judgment and Award and therefore, the challenge in appeal is not warranted; so contending, she seeks dismissal of the appeal.