LATHA Vs. ORIENTAL INSURANCE CO. LTD

JUDGEMENT

(1.) This appeal is filed under Sec. 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the MV Act ') by the petitioners seeking enhancement of the compensation granted in MVC.5434/2007 dtd. 8/4/2010.

(2.) For the sake of convenience the parties are referred to by their rank before the Tribunal.

(3.) FACTS: Brief facts leading to the filing of the claim petition are that on 14/3/2007 at 1.00 a.m., Munilinga Shetty being the RC holder of 407 truck bearing registration No.KA- 02/D-3302 (hereinafter referred to as 407 truck) was travelling in the said vehicle from Kunigal towards Bengaluru on NH-48. When the vehicle reached Thalekere Hand post, a lorry bearing registration No.KA-02-C-7295 (hereinafter referred to as offending vehicle) being driven by its driver in a rash or negligent manner, suddenly came on the extreme right side and dashed against the 407 Truck. In the said accident, Munilinga Shetty (hereinafter referred to as deceased) and cleaner by name Kumar sustained grievous injuries and died.