BRANCH MANAGER Vs. ANNAPURNA

JUDGEMENT

(1.) THIS appeal by the Insurer is directed against the impugned judgment and award dated 23rd August 2007 passed in MVC No. 284/2005 by the I Additional Civil Judge(Sr.Dn) and Additional Motor Accident Claims Tribunal, Shimoga, (for short, 'Tribunal') for reduction of compensation on the ground that, the compensation of Rs.11,10,180/- awarded in favour of the claimants as against their claim for Rs.13,45,000/-, is exhorbitant, excessive and is liable to be reduced.

(2.) THE facts in brief are that, claimant No.1 is the wife, claimant Nos. 2 to 4 are the minor children and claimant No.4 is the mother of the deceased late Palaksha. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that at about 9:45 A.M, on 04-06-2005, when the deceased was proceeding on the left side of the road, near Chinnamumbapura village, in Shimoga Taluk, he met with an accident, on account of rash and negligent driving by the driver of the Tempo Trax bearing Registration No.KA-30/M/679. Due to the impact, the deceased fell down and sustained grievous injuries and was immediately taken to the Nanjappa Hospital, Shimoga. But, unfortunately, he succumbed to the injuries on the same day.

(3.) ON account of the death of the deceased, the claimants filed the claim petition before the Tribunal, seeking compensation of a sum of Rs.13.45 lakhs against the appellant and others. The said claim petition had come up for consideration before the Tribunal on 23rd August, 2007. The Tribunal, after considering the relevant material available on file, after appreciation of the oral and documentary evidence, allowed the claim petition, awarding a sum of Rs.11,10,180/- under different heads, with 6% interest per annum, from the date of petition till the date of deposit. Being aggrieved by the quantum of compensation awarded by the Tribunal, the Insurer is in appeal before this Court, seeking reduction of the same.