ORIENTAL INSURANCE CO LTD Vs. BHAGYALAKSHMI

JUDGEMENT

(1.) THIS appeal by the Insurer is directed against the impugned judgment and award dated 20th April 2012, passed in MVC No.1090/2009, by the Principal Senior Civil Judge, Member, Additional Motor Accident Claims Tribunal, Hassan, (for short, 'Tribunal'), for reduction of compensation on the ground that, the compensation of Rs. 20,68,000/ - awarded in favour of the claimants as against their claim for Rs. 35.00 Lakhs, is excessive and on the higher side.

(2.) THE facts in brief are that, claimants No.1 is the wife and claimant Nos.2 to 4 are the children of the deceased late Gopinath. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that at about 2:30 P.M, on 04 -04 -2009, when the deceased was returning after purchasing Scooty Pep at Bhadravathi, on Arasikere -Hassan Road, near Belavathahalli forest, he met with an accident, on account of rash and negligent driving by the driver of Lorry bearing Registration No.KA -44/L -172. Due to the impact, the deceased fell down and sustained grievous injuries and died on the spot.

(3.) IT is the case of the claimants that, the deceased was hale and healthy prior to the date of accident, which resulted in his death and on account of his untimely death, they have lost the only source of income, the children have lost the love and affection, inspiration and guidance from their father apart from social and financial support permanently and therefore, they have to be compensated reasonably.