NATIONAL INSURANCE COMPANY LTD Vs. K SUJATHA,

JUDGEMENT

(1.) THOUGH this appeal is posted for orders, with the consent of the learned counsel for appellant/Insurer, the matter is taken up for final disposal.

(2.) THIS appeal by the Insurer is directed against the impugned judgment and award dated 22nd November 2010, passed in MVC No.9347/2009, by the XVI Additional Judge, Motor Accident Claims Tribunal, Court of Small Causes, Bangalore City (SCCH -14), (for short, 'Tribunal'), for reduction of compensation on the ground that, the compensation of Rs. 20,85,000/ - awarded in favour of the claimants as against their claim for Rs. 25,00,000/ -, is excessive and on the higher side.

(3.) THE facts in brief are that, claimants No.1 is the wife, claimant Nos. 2 and 3 are the minor children, aged about 7 years and 10 years and claimant No.4 is the mother of the deceased Muninarayana Gowda, who died in the road traffic accident. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that at about 10:00 A.M, on 01 -10 -2009, when the deceased was going towards his village from Kolar, by riding a motor cycle bearing No.KA -07/K -9369 with utmost care and caution on the correct side of the road, near Elam Village gate, on Chikkaballapur -Kolar Road, he met with an accident on account of rash and negligent driving by the driver of Fiesta Car bearing No.KA -07/M -2442. As a result, the deceased was knocked down and sustained grievous injuries all over the body and ultimately succumbed to the injuries sustained in the road traffic accident.