UNITED INDIA INSURANCE CO LTD Vs. THOLASIRAMMA

JUDGEMENT

(1.) THIS appeal by the appellant - Insurer is directed against the impugned judgment and award dated 16/02/2006 passed in MVC No.5571/2004, by the III Additional Judge and Member, Motor Accident Claims Tribunal, Bangalore (SCCH -18), (hereinafter referred to as ' Tribunal' for short).

(2.) THE Tribunal by its judgment and award, has awarded a sum of Rs. 4,14,000/ - under different heads with interest at 6% per annum from the date of petition till its realization, as against the claim of the claimants for a sum of Rs. 50/ - lakhs, on account of the death of the deceased, Sri. Y.K. Chikka Kambaiah, in the road traffic accident, holding that Insurer and owner of the offending vehicle are liable to pay the compensation amount and directing the Insurer to deposit the said compensation amount. The direction issued by the Tribunal to the Insurer to indemnify the award amount is not sustainable and is liable to be set aside, insurer has presented this appeal.

(3.) IT is the further case of the claimants that, deceased was aged about 49 years, hale and healthy prior to the accident and earning Rs. 12,000/ - per month by doing silk business and agricultural work and looking after the welfare of the family. Due to his untimely death, claimants have lost their bread earner and put to great mental shock and agony and also suffered both social and financial insecurity.