LAWS(KAR)-2013-12-302

C.S. BASAVARAJ Vs. BORAMMA AND MANAGER, UNITED INDIA INSURANCE CO. LTD. REP. BY UNITED INDIA INSURANCE CO. LTD.

Decided On December 04, 2013
C.S. Basavaraj Appellant
V/S
Boramma And Manager, United India Insurance Co. Ltd. Rep. By United India Insurance Co. Ltd. Respondents

JUDGEMENT

(1.) THIS appeal by the appellant/owner is directed against the impugned judgment and award dated 25/07/2011 passed in MVC No. 1307/2009, by the Additional Senior Civil Judge and Member, Additional Motor Accident Claims Tribunal, Hassan, (for short Tribunal'), for modification of the same. The Tribunal by its judgment and award has awarded a sum of Rs. 2,95,000/ - under different heads with interest at 6% per annum from the date of petition till realization, as against the claim of the claimant for a sum of Rs. 20,00,000/ -, on account of the death of the deceased Sri. Chaluvegowda, in the road traffic accident, fastening liability on the appellant, owner of the offending vehicle and dismissing the petition against the R2 Insurer.

(2.) IN brief, the facts of the case are:

(3.) THE said claim petition had come up for consideration before the Tribunal. The Tribunal, in turn, after appreciating the oral and documentary evidence and other material available on file, has allowed the said claim petition in part, awarding the compensation of Rs. 2,95,000/ - under different heads with interest at 6% p.a., from the date of petition till realization, fixing the liability on the owner of the offending vehicle.