DIVISIONAL MANAGER NATIONAL INSURANCE COMPANY Vs. NAGAMMA W/O LATE KARIYAPPA; NANJUNDASWAMY; GAYATHRAMMA

JUDGEMENT

(1.) This appeal by the appellant-National Insurance Co., Ltd., under section 173 of M.V. Act is preferred against the judgment and award dated 9.9.2010 in M.V.C.No.316/2009 on the file of Fast Track Court & MACT, Kollegal, questioning the negligence attributed to the driver and quantum of compensation awarded by the Tribunal.

(2.) On 13.10.2009 at about 7.45 p.m., one Kariyappa aged about 40 years was proceeding from Gundlupet towards Doddathuppur on Gundlupet-Chamarajnagar road, on a TVS bearing No.KA-10-H-3572 at that time, a tractortrailer bearing registration No.KA-10-T-5227-5228 came from opposite direction in rash and negligent manner and dashed against TVS, wherein Kariyappa was coming. As a result of the impact, Kariyappa sustained grievous injuries. While undergoing treatment, he succumbed to the injuries on 23.10.2009. Claiming compensation of Rs.24,55,000/-, his wife and son filed claim petition under Section 166 of M.V. Act. The claim petition was opposed by the insurer of Tractor & Trailer mainly on the ground that the accident and the resultant death of Kariyappa was on account of negligence on the part of deceased Kariyappa apart from contending that the compensation claimed is exorbitant and not based on any accepted norms.

(3.) The claim petition came up for consideration before the Tribunal and the Tribunal on appreciation of evidence and upon hearing the submissions of both learned counsel for the claimant and Insurance company recorded a finding that the accident and resultant death of deceased Kariyappa was on account of rash and negligent driving by the driver of tractor. Further Tribunal taking into account the age of deceased and his income as Rs.6,000/- per month, determined and awarded total compensation of Rs.8,74,000/- together with 6% interest. Hence, this appeal by the Insurance company.