UNITED INDIA INSURANCE CO LTD Vs. SULOCHANA

JUDGEMENT

(1.) THIS appeal by the insurer is directed against the common judgment and award dated 27th May 2010 passed in MVC No. 3234/2009 by the XVI Additional Judge, Court of Small causes, Member, Motor Accident Claims Tribunal, Bangalore, (for short, 'Tribunal') for reduction of compensation on the ground that, the compensation of Rs.4,53,300/- awarded in favour of the claimant as against her claim for Rs.10,00,000/-, is excessive and is liable to be reduced.

(2.) THE facts in brief are that, the claimant/ respondent is the mother of the deceased Ashok A. She filed the claim petition under Section 163-A of the Motor Vehicles Act, contending that, at about 1:00 P.M, on 07- 02-2009, when the deceased was riding the motor cycle, bearing No.KA-08/K-5549, slowly and cautiously, on the correct side of the road, at Sampath Mosaic Tiles Factory, at Parandahalli village, a Tractor and Trailer bearing Nos.KA-08/2537 & 2538 came from opposite direction i.e. from KGF side at high speed, in a rash and negligent manner and dashed against the deceased. Due to the impact, the deceased sustained grievous injuries and he succumbed to the said injuries on the spot.

(3.) LEARNED counsel appearing for both the parties, after going through the material available on file, at the outset fairly submitted that the compensation of Rs.4,53,300/- awarded by Tribunal may be reduced to a sum Rs.4,26,500/-, of thus, resulting in reduction of compensation by a sum of Rs.26,800/-.