ORIENTAL INSURANCE CO LTD Vs. K SUNDARAMMA

JUDGEMENT

(1.) THE insurer of the motor vehicle involved in the accident being aggrieved by the judgment and award dated 24. 7. 2002 passed in M. V. C. No. 2839 of 2000 on the file of the Motor accidents Claims Tribunal, Bangalore (for short 'the M. A. C. T. '), has preferred this appeal under section 173 (1) of the Motor vehicles Act, 1988 (for short 'the Act' ).

(2.) IT is not in dispute that one neelakantha succumbed to the fatal injuries on 30. 7. 2000 involving the motor vehicle being a motor cycle bearing registration no. KA 04-H 9346 belonging to the respondent No. 8 and insured by the appellant. In the claim petition filed by dependants of the deceased, the appellant herein was arraigned as respondent No. 1, who entered appearance, resisted the claim by filing its statement of objections. The respondent no. 2, the owner of the offending vehicle, though served with the notice, remained absent. M. A. C. T. framed issues, recorded the evidence of the petitioner No. 3 as PW 1, marked 11 documents as Exhs. P-1 to p-11. For respondents, the Asstt. Regional transport Officer was examined as RW 1 and Asstt. Divisional Manager as RW 2 and marked two documents, viz. , the insurance policy as Exh. R-1 and the learner's licence extract as Exh. R-2.

(3.) M. A. C. T. , appreciating the evidence both oral and documentary, recorded a finding of actionable negligence on the rider of the offending motor vehicle and awarded compensation of Rs. 3,40,000 with interest at 8 per cent per annum from the date of petition until payment. The m. A. C. T. fastened the liability to pay the compensation on the appellant insurer. The appellant, being aggrieved by the clamping of liability on it to pay the compensation, has preferred this appeal.