NEW INDIA ASSURANCE CO LTD Vs. SURENDRA

JUDGEMENT

(1.) THE appeal by the Insurance Company challenging the judgment and award passed by the M A C T, Holenarasipura dated 06.01.2010 in MVC No.22/2008 on the ground of liability. The claimant has filed cross-objection seeking enhancement of the compensation.

(2.) IT is submitted by the learned counsel for the appellant that the complainant is elder brother of father of the deceased. In his information to the police dated 8.8.2007 he has stated that on 7.8.2007 early morning while he was waiting along with son of his younger brother Sri Shivaraju and one Raghavendra, a Tractor caused an accident by dashing against him resulting in his death, but no tractor number is furnished. But in the evidence before the Tribunal he has deposed as if he knew the tractor number and furnished at the first instance itself to the police which creates doubt about the genuineness of the claim. The gap between date of accident and seizure of the vehicle is 20 days. Therefore, it is a case of false implication of the vehicle. The learned counsel further submits that the compensation awarded under loss of dependency taking the income at Rs.4,000/- per month is on the higher side.

(3.) IN the circumstances, I find, there is no error committed by the Tribunal. The compensation awarded by the claims tribunal is just and proper. Appeal filed by the insurance company is liable to be dismissed and it is accordingly dismissed.