NATIONAL INSURANCE CO. LTD. Vs. ANNAMMA VARGHESE

JUDGEMENT

(1.) THIS appeal and cross -objection arise out of the judgment and award passed by the MACT, Bangalore, dated 25.07.2008, passed in MVC No. 4426/2006.

(2.) THE appeal is filed by the insurance company challenging the liability and quantum of compensation. The cross -objection is filed by the claimants, not being satisfied with the compensation awarded to them. In the circumstances, these two matters are taken up together.

(3.) AT that time, one car bearing registration No. KA -02 -Z -3947 came with a high speed in a rash and negligent manner and dashed against the scooter. On account of the impact, the deceased sustained multiple injuries and was shifted to Manipal Hospital. He was there in the hospital till 19.12.2006 and succumbed to the injuries at about 4.15 a.m. A criminal case was registered against the driver of the car in Crime No. 24/2005 for the offences punishable under Section 279 and 337 read with 304A of IPC.