THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD. Vs. SMT. BHIMABAI, BASAVARAJ, VIJAY AND SRI CHINNA HUSSAIN PEERA N.

JUDGEMENT

(1.) THOUGH the appeal is listed today for orders, by consent of the learned counsel appearing on both sides, the matter is heard for final disposal. This appeal by the insurer is directed against the judgment and award dated 21.11.2009 passed by the MACT XII, Bijapur, in MVC No. 916/2008.

(2.) RESPONDENT Nos. 1 to 3, as wife and children of one Kalyanappa @ Kalyani Yadagouda, filed claim petition under Section 166 of the Motor Vehicles Act seeking compensation of Rs. 11,70,000/ - for the death of the said Kalyanappa @ Kalyani Yadagouda in the motor vehicle accident that occurred on 16.03.2008.

(3.) THE claimants contended that the accident was solely due to the negligence of the driver of the truck, therefore, the owner and insurer of the truck are liable to compensate them. They further contended that the deceased was an agriculturist and was getting yearly income of Rs. 2,50,000/ - from the irrigated land and he was the only bread -earner of the family. They also contended that for the period of nearly 45 days, while the deceased was inpatient in the hospital, they have spent huge amount to an extent of Rs. 3,50,000/ - towards medical expenses.