MUNIRATHNAMMA Vs. K VENKATESHAN

JUDGEMENT

(1.) THIS appeal by the appellants -claimants is preferred against the judgment and award dated 2.2.2011 in MVC No.2033/2009 on the file of MACT and V Addl. Judge, Small Causes Court, Mayohall Unit, Bangalore awarding total compensation of Rs.4,21,000/ - on account of death of one R. Nanjundappa in motor vehicle accident that occurred on 28.5.2008 at about 10.10 p.m.

(2.) THE brief facts of the case was that on 28.5.2008, the deceased R. Nanjundappa was riding his Honda Activa bearing registration No.KA -04 -EW - 3408 near Outer MES ring road, Bangalore. At about 10.10 p.m, when he reached near Tata Tea Company, a lorry bearing No.KA -10 -M -5155 came in a rash and negligent manner and dashed against the Honda Activa of deceased R. Nanjundappa from backside. As a result of the accident, deceased fell down and succumbed to the injuries. So the legal representatives of deceased being wife and children have filed a claim petition under Section 166 of M.V. Act claiming compensation of Rs.50.00 lakhs from the respondents -owner and insurer of the lorry. The claim petition was opposed by the Insurance company denying negligence attributed to the driver of the lorry. On the other hand, it is contended that the accident occurred on account of negligence of the deceased. It is also contended that the compensation amount of Rs.50.00 lakhs claimed by the claimants is exorbitant and not based on any accepted norms and for all these reasons, the Insurance company sought for dismissal of the claim petition.

(3.) THE claim petition came up for consideration before the MACT, which in -turn upon evidence placed on record by both the claimants and Insurance company recorded a finding that the accident occurred due to negligence of the lorry driver and thereby the Tribunal awarded a total compensation of Rs.4,21,000/ - together with interest at 6% p.a. from the date of petition till the date of realisation by the impugned judgment and award.