NATIONAL INSURANCE CO, LTD., SHANKAR BUILDING, MOSQUE ROAD, UDUPI, NOW REP. BY ITS REGIONAL OFFICE, NATIONAL INSURANCE CO., LTD., REGIONAL OFFICE, SUBHARAM COMPLEX, 144, M.G. ROAD, BANGALORE-1 Vs. SMT. SUJATHA, W/O. LATE DR. V.N. RAJA

JUDGEMENT

(1.) These two appeals, respectively by the claimants and the Insurer are directed against the same judgment and award dated 29th March 2007, passed in MVC No. 320/2004, by the Principal Civil Judge (Sr.Dn), Additional Motor Accident Claims Tribunal, Udupi, (for short, 'Tribunal'). While the claimants have filed the appeal seeking enhancement of compensation, on the ground that the compensation awarded by Tribunal is inadequate; the Insurer has filed the appeal seeking to set aside the impugned judgment and award passed by Tribunal, on the ground that the Insurer is not liable to indemnify the compensation as the offending vehicle was not at all involved in the accident in question;

(2.) THE facts in brief are that, the claimant No. 1 is the wife and claimant No. 2 is the minor daughter of the deceased Dr. V.N. Raja. They filed the claim petition under Section );">166 of the Motor Vehicles Act, contending that at about 10:00 P.M., on 03 -10 -2003, when the deceased was riding his two wheeler towards Udupi, near Guddeyangadi, Udyavara on NH -17, a Lorry bearing Registration No. KA -19/8768, driven by its driver, in a rash and negligent manner, in order to over take the Car, came to the wrong side of the road and dashed against the two wheeler. As a result, Dr. V.N. Raja fell down on the road and sustained grievous injuries. Immediately, he was shifted to Hi -Tech Hospital, Udupi and subsequently, he succumbed to the injuries sustained, in the Hospital.

(3.) WE have heard Shri. Kishore Shetty, learned counsel appearing for claimants and Shri. A.N. Krishna Swamy, learned counsel appearing for Insurance Company, for quite some time.