UNITED INDIA INSURANCE CO. LTD. Vs. MAHABOOBI

JUDGEMENT

(1.) This appeal is filed at the instance of the Insurance Company calling in question the judgment and award dtd. 2/1/2010 in MVC No.347/2007 by the learned MACT-III, Bagalkot (for short, 'MACT') by which the claim petition was allowed in part awarding a compensation of Rs.3,88,000.00 with interest thereon at the rate of 6% P.A. from the date of claim petition till date of realization.

(2.) The only substantial contention of learned counsel Sri. R.R. Mane appearing for the appellant- Insurance Company is that the claim petition is founded on a false case and that the insured vehicle namely Tomtom bearing registration No.KA-28/A-756 was not at all involved in the accident.

(3.) Brief facts of the case are that on 2/4/2007 at about 10 p.m., one Ameensab Basarigidad was walking on the extreme left side of the road proceeding to his village from Ilkal and at that time, offending Tomtom vehicle bearing registration No.KA-28/A-756 being driven by its driver in a rash and negligent manner and in high speed dashed against him and on account of the same, he died on the spot itself.