SHAKUNTALAMMA ALIAS SHAKUNTALAMMA Vs. T.N. SHIVAMURTHAPPA ALIAS SHIVAMURTHY AND THE BRANCH MANAGER, THE NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) THE above appeal is preferred against the judgment and award dated 08.04.2009 passed in MVC No. 37/07 on the file of the Civil Judge, Sr. Dvn and MACT, Harihar. It is the case of the claimant that on 06.06.2006 while the petitioner along with her husband was going as a pillion rider on the motorbike bearing Regn. No. KA -17/H -9186 from Kumbalur to Harihar, the tractor -trailer bearing Regn. No. KA -17/T -8672 -73 came from Shivanahalli side towards Belludi in a rash manner and dashed against the said two wheeler, and caused the accident as a result, the rider of the vehicle viz., the husband of the appellant died at the spot whereas the appellant sustained grievous injuries i.e., fracture to her right hand, forearm and also to other parts of the body; she was shifted to the hospital where she took treatment from 6.6.2006 to 23.7.2006. It is further contended by the claimant that during the period when she met with the accident she was aged 30 years, was a housewife and also a coolie having monthly income of Rs. 3000/ - per month; on account of the injuries sustained in the accident, she is unable to work and in the circumstances, she sought awarding of compensation from the owner and insurer of the said tractor -trailer.

(2.) THE respondent/insurer in its statement of objections while denying the cause of accident, the age, avocation and income of the appellant/injured has specifically pleaded that the liability, if any, the same is subject to the terms and conditions of the policy; while the owner of the vehicle denying the claim of the petitioner on all material aspects, has pleaded that the vehicle was duly covered with valid insurance as on the date of accident.

(3.) THE tribunal by considering the evidence led in, deemed it fit to award Rs. 1,22,200/ - as compensation with interest @ 6% p.a. from the date of petition till realisation.