MANAGER, ORIENTAL INSURANCE CO LTD Vs. L. RADHA

JUDGEMENT

(1.) This appeal is filed by the Insurance Company challenging the judgment and award dated 26.06.2010 passed in M.V.C.No.476/2009 on the file of the Fast Track Court-II and Additional MACT, Mysuru ('the Tribunal' for short) questioning the awarding of compensation of Rs.50,000/- under no fault liability.

(2.) The parties are referred to as per their original rankings before the Tribunal to avoid the confusion and for the convenience of the Court.

(3.) The factual matrix of the case is that when the deceased Nagaraj was coming along with one Ashok in the motor cycle Hero Honda bearing registration No.KA-09-V-8623, due to the sudden impact of a pig which ran away from the land, the deceased fell down and sustained head injuries and inspite of treatment succumbed to death on 18.05.2005. Hence, the claimants filed the claim petition under Section 163-A of the Motor Vehicles Act, 1988 ('MV Act' for short).