NATIONAL INSURANCE CO LTD Vs. C M ACCACHI,

JUDGEMENT

(1.) THIS appeal by the appellant/ Insurer is directed against the impugned common judgment and award dated 22.12.2009 passed in MVC No.577/2007 on the file of the XIII Additional Small Cause Judge, Court of Small Causes and Member, Motor Accident Claims Tribunal, Bangalore.

(2.) THE Tribunal, by its judgment and award has awarded a sum of Rs. 4,04,000/ - under different heads with interest at 6% per annum from the date of petition till the date of deposit, on account of the death the deceased Sri. N.M.Chiran, in the road traffic accident, fastening entire liability on the appellant, Insurer of the Lorry bearing Reg.No.KA.16.A.238.

(3.) THE brief facts of the case are: the claimants have filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation on account of the death of the deceased in the road traffic accident that occurred on 25.10.2006 at about 10.00 a.m. near Yellapura gate, NH 206 at Thimallipalya gate, when he was travelling in Tempo Traveller bearing No.KA.01.B.4996, on account of the rash and negligent driving by the driver of the Lorry bearing No.KA.16.A.238. It is the further case of the claimants that, they are the mother - in - law and sister of the deceased. Deceased was aged about 28 years, working as FDA at Government PU College, Mandya and drawing the salary of Rs. 18,180/ - per month and looking after the welfare of the family. Due to his untimely death, claimants have suffered financially as they have lost the bread earner, apart from mental shock and agony.