ORIENTAL INSURANCE COMPANY LIMITED Vs. CHANNABASAPPA

JUDGEMENT

(1.) The insurer-respondent No.3 in M.V.C. No. 105/2006 on the file of learned Senior Civil Judge & AMACT, Ron (hereinafter referred to as the Tribunal) is before this Court impugning the judgment and award dtd. 30/10/2010, allowing the claim petition filed by the claimants and awarding compensation of Rs.2,11,000.00 with interest at 6% p.a. from the date of petition till realisation.

(2.) The claimants have filed claim petition u/s 166 of M.V. Act claiming compensation for the death of their brother Sri Mahantappa Andanappa Shababadi. It is contended that the deceased was walking by the side of Gajendragad-Kushtagi road at 6.30 PM. Respondent No.1 being the driver of the lorry bearing reg. no. KA-26-A-2722 driven the same in rash and negligent manner, dashed to the pedestrian, as a result of which he sustained fatal injuries and died at the spot. Therefore the claimants being his brothers and sister claimed compensation from the respondent nos.1 to 3.

(3.) On the basis of these pleadings, the Tribunal framed the following: