NEW INDIA ASSURANCE CO. LTD. Vs. KAVERI TOURISM

JUDGEMENT

(1.) This appeal is by the insurer against the impugned judgment and award dated 25.9.2007 passed in MVC No. 1088/2005 by the learned VIII Addl. Judge, Court of Small Causes, Member, Motor Accidents Claims Tribunal-V, Bangalore, (hereinafter referred to as 'Tribunal' for short), for reduction of compensation. The Tribunal, by its judgment and award has awarded a sum of Rs. . 33,34,000/- under different heads with interest at 6% per annum from the date of petition till the date of realisation, as against the claim of the claimants for a sum of Rs. . 45,00,000/-, on account of the death of the deceased Pascoal D-Costa, in the road traffic accident.

(2.) In brief, the facts of the case are:

(3.) The said claim petition had come up for consideration before the Tribunal. The Tribunal, after appreciating the oral and documentary evidence and other material available on file, has allowed the claim petition in part and awarded the compensation of Rs. . 33,34,000/- under different heads with interest at 6% p.a., from the date of petition till the date of deposit. Not being satisfied with the compensation awarded by the Tribunal the appellant-insurer has presented this appeal seeking reduction of compensation.