REGIONAL MANAGER Vs. GEETHA

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned counsel for respondent Nos.2 and 3.

(2.) This appeal is filed challenging the judgment and award dtd. 7/11/2016, passed in M.V.C.No.428/2013, on the file of the II Additional Senior Civil Judge and AMACT-8, Shivamogga ('the Tribunal' for short).

(3.) The factual matrix of the case of the claimants before the Tribunal is that the deceased, who was aged about 5 years met with an accident on 22/9/201 and as a result of the accidental injuries, he succumbed to the injuries and hence claim was made before the Tribunal. The claimants are the mother and minor brother and sister of the deceased. The claimants in order to substantiate their claim examined one witness as P.W.1 and got marked the documents at Exs.P.1 to 13. On the other hand, the respondent did not lead any evidence, however got marked the document policy as Ex.R.1. The Tribunal after considering both oral and documentary evidence placed on record allowed the claim petition granting compensation of Rs.5,50,000.00 with 9% interest. Hence, the present appeal is filed by the Insurance Company.