DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., NOW REPTD BY REGIONAL MANAGER, NATIONAL INSURANCE CO LTD. Vs. ALKANANDA, SRIPAD, AMBU AND GOWRISHANKAR

JUDGEMENT

(1.) The third respondent - insurance company in MVC No. 231/2007 on the file of MACT, Mysore has come up in this appeal impugning the judgment and award dated 30.8.2008, so far as it pertains to awarding compensation to the claimants for the death of one Srinivas Kulkarni in the alleged road accident said to have taken place on 10.10.2003 in Gulbarga Town. The brief facts leading to this appeal are as under:

(2.) The said information was received by them at 7.30 PM over telephone. Thereafter, it is stated that his father Sripad Rao Kulkarni went to the place of accident, found that his son was lying dead on the road with injuries to his head and other parts of the body and it is stated that a complaint was lodged by him informing the police regarding the death of his son, based on which FIR was registered about hit and run case resulting in the death of Srinivas Kulkarni.

(3.) It is stated that thereafter, police said to have identified the vehicle which caused the accident resulting in the death of Srinivas Kulkarni. Thereafter, proceedings were initiated for prosecuting the driver of the offending vehicle for causing the death of Srinivas Kulkarni. Meanwhile, claim petition was filed seeking compensation for the death of Srinivas Kulkarni by his widow - Smt. Alakananda and his minor son - Sripad, who was aged about 14 years as on that date.