NATIONAL INSURANCE COMPANY LTD Vs. RATHNAMMA

JUDGEMENT

(1.) This appeal is by respondent No.1-Insurance company challenging the impugned judgment and award, whereby the Tribunal has quantified the compensation in a sum of Rs.5,07,500.00with interest at 6% p.a. and directed respondent Nos.1 and 2 to deposit Rs.1,52,250.00 being 30% of the total compensation and thereby attributing 70% negligence on the part of the deceased.

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

(3.) FACTS: It is the case of the petitioners that they are the wife, children and mother of deceased-Kumaraswamy. On 13/10/2007 at about 11.30 p.m., deceased was moving on Hero Honda Motor Cycle bearing registration No.KA-43-H-4012 slowly and cautiously on the left side of Basettihalli Industrial Area. In front of Taffee Factory, a lorry bearing registration No.KA-34-A- 5426 (hereinafter referred to as offending vehicle) driven by its driver in a rash or negligent manner, in a high speed came and dashed against the motor cycle of the deceased from his back side. Due to the impact, deceased fell down and sustained grievous injuries. While undergoing treatment at M.S. Ramaiah Hospital, Bengaluru, deceased succumbed to the injuries on 6/11/2007.