DIVISIONAL MANAGER, ORIENTAL INSURANCE CO LTD Vs. YASHODAMMA

JUDGEMENT

(1.) THIS appeal by the appellant - Insurer is directed against the impugned judgment and award dated 15/07/2011 passed in MVC No.203/2010, by the Senior Civil Judge and Motor Accident Claims Tribunal, (Itinerary), Hosadurga, (hereinafter referred to as 'Tribunal' for short), on the ground that, a sum of Rs. 20,69,320/ - awarded by the Tribunal with interest at 6% p.a., from the date of petition till its deposit as against the claim made by the claimants for a sum of Rs. 42,30,000/ -, on account of the death of the deceased Sri. K.V.Gangappa, in the road traffic accident is on higher side and disproportionate to his income and is liable to be reduced.

(2.) IN brief, the facts of the case are: The claimants are the wife and children of the deceased Sri. K.V.Gangappa. They filed a claim petition before the Tribunal under Section 166 of M.V.Act, claiming compensation against the owner and insurer of the offending vehicle, contending that, on 12.3.2010 in the morning at about 6.40 a.m. deceased along with his daughter Anupama were proceeding on the motor cycle bearing Reg.No.KA.18.Q.2938 from Kunkanadu towards Belaguru and when they came near Belaguru in front of Gori, at that time, the driver of the Maxi Cab bearing No.KA.19.B.6041 came from opposite direction in a rash and negligent manner and dashed to the motor cycle of the deceased. Due to which, deceased fell down from the motor cycle and sustained fatal injuries and died on the spot.

(3.) THE said claim petition had come up for consideration before the Tribunal. The Tribunal, in turn, after assessing the oral and documentary evidence and other materials available on file, and by assigning valid reasons has allowed the claim petition in part, awarding the compensation of Rs. 20,69,320/ - with interest at 6% p.a., from the date of petition till its deposit.