REGIONAL MANAGER, ORIENTAL INSURANCE CO., LTD., REGIONAL OFFICE, NO. 44/45, LEO SHOPPING COMPLEX, RESIDENY ROAD CROSS, BANGALORE-25 Vs. SMT. JAMUNA RAI, W/O. LATE SUSHEEL RAI

JUDGEMENT

(1.) THIS appeal by the Insurer is directed against the judgment and award dated 17th April 2007, passed in M.V.C. No. 6045/2005, by the XII Additional Judge, Member, Motor Accident Claims Tribunal, Bangalore (SCCH -8), (for short, 'Tribunal'), awarding compensation of Rs. 42,52,000/ - with interest at 6% per annum, in favour of the claimants/respondents 1 to 3, on the ground that the compensation awarded by Tribunal is on the higher side and is liable to be reduced. The facts in brief are that, claimants are respectively the wife and parents of deceased late Susheel Rai. They filed the claim petition under Section );">166 of the Motor Vehicles Act, contending that at about 3:55 P.M, on 27 -05 -2006, the deceased met with an accident on Ring Road at Kuvempu Circle, due to rash and negligent driving by the driver of offending vehicle bearing Registration No. HR -38/F -6543. Due to the impact, the deceased fell down and sustained grievous injuries and later on succumbed to the same.

(2.) IT is the case of the claimants that, the deceased was hale and healthy prior to the date of accident, which resulted in his death and on account of his untimely death, they have lost the only source of income, apart from social, moral and financial support permanently and therefore, they have to be compensated reasonably.

(3.) WE have heard the learned counsel appearing for Insurer and the learned counsel for claimants, for considerable length of time.