ORIENTAL INSURANCE COMPANY LIMITED Vs. CHINNAPAPA

JUDGEMENT

(1.) The appellant/Insurance Company has challenged the judgment dtd. 8/11/2013 passed by the M.A.C.T., Bengaluru (SCCH-13), in MVC No.5008/2009 (hereinafter referred to as 'Tribunal' for short).

(2.) The appellant is the 2nd respondent; the respondent No.1 and 2 are the petitioners, respondent No.3 is the respondent No.1 and the respondent Nos.4 and 5 are the respondent Nos.3 and 4 before the Tribunal. The parties will be referred to as per their status before the Tribunal for the sake of convenience.

(3.) Briefly stated the facts are that, one Anand Ramesh, the deceased, was the son of the petitioner No.1 and brother of the petitioner No.2. The deceased while riding the motor cycle bearing registration number KA-50/E-4028 along with a pillion rider met with a road accident that occurred on 3/12/2008 near Hebbal Park on Hebbal Ring Road, Bangalore City, hit against the hind portion of a parked Lorry bearing registration KA-54/429 and sustained injuries and died at Baptist Hospital while undergoing treatment. Petitioners claimed compensation of Rs.25,00,000.00 under Sec. 163- A of the Motor Vehicles Act. The Tribunal though dismissed the claim petition but awarded Rs.50,000.00 acting under Sec. 140 of MV Act. Aggrieved by the same, the appellant has filed this appeal on various grounds.