SHOBHA Vs. KRISHNA KUMAR S.HUKKERI

JUDGEMENT

(1.) This appeal by the claimants calls in question the Judgment and Award dated 10.4.2015, entered by the I Addl. Senior Civil Judge and Addl. MACT, Belagavi, whereby the claim in MVC No.352/2013 having been favoured, a compensation of Rs.3,28,761/- with interest at the rate of 6% p.a. subject to a usual condition of a portion of the award amount being parked in fixed deposit in a nationalized bank for a period of three years, has been awarded. The claimants complain that the award is inadequate.

(2.) After service of notice, the respondent insurer having entered appearance through its senior panel counsel Smt.Sharmila Patil, resists the appeal making submission in justification of the impugned award. The learned panel counsel contends that the MACT has the advantage of accumulated wisdom in the trade and therefore the same having been employed in making the Judgment and Award in question, the interference at the hands of the Appellate Court is not warranted. So contending, she seeks dismissal of the appeal.

(3.) Brief facts. The vehicular accident happened almost at the midnight on 11.11.2012 when the bread winner of the family of the claimants Mr.Ashok Kadam was returning to Kolhapur from Gokak after seeing the natal home of his wife. The claim petition was resisted by the insurer by filing the written statement. To prove the claim, the widow of the deceased Smt.Shobha was examined as PW.1 and in her deposition 12 documents came to be marked as per Exs.P.1 to P.12 which inter-alia comprised of the police papers, IMV report, PM report, Insurance Policy, etc.,. From the side of the insurer, one Mr.Umesh Bhat, the Administrative Officer of the insurer was examined as RW.1 and in his evidence 7 documents came to be marked as Exs.R.1 to R.7, which inter-alia included a copy of Insurance Certificate and statements and further statements recorded by the police under section 161 of Cr.P.C., 1973 in the subject criminal case. The MACT after adverting to the pleadings of the parties and after weighing the evidentiary worth of the material on record has made the subject Judgment and Award that are put in challenge by the claimants on the ground of inadequacy of compensation.