ORIENTAL INSURANCE COMPANY LIMITED Vs. ANJINAPPA

JUDGEMENT

(1.) THIS appeal by the appellant -Insurer is directed against the impugned judgment and award dated 25/10/2006 passed in MVC No. 247/2001, by the Motor Accident Claims Tribunal -V, Bangalore Rural District, Bangalore, (hereinafter referred to as ' Tribunal' for short).

(2.) THE Tribunal, by its impugned judgment and award, has awarded a sum of Rs. 3,70,000/ - as compensation under different heads with interest at 6% per annum from the date of petition till its realization, as against the claim of Rs. 4,00,000/ -, on account of the death of the deceased Smt. Rajamma, in the road traffic accident.

(3.) IN brief, the facts of the case are: The claimant No.1 is the husband and claimant Nos. 2 to 5 are the children of the deceased. They filed a claim petition before the Tribunal under Section 163 - A of M.V. Act, claiming compensation against the respondents on account of the death of the deceased in the accident, contending that on 10.4.2001 at about 5.00 a.m. deceased was travelling in a Swaraj Mazda tempo bearing Reg.No.KA.02,6728 along with 5 bags of vegetables from Bhimapura towards K.R. Puram and when it came near Dhandupalya gate, the driver of the said tempo drove the same in a rash and negligent manner, lost control over it and dashed against the lorry which was parked at the left side of the road. Due to which, deceased sustained grievous injuries. Immediately, she was shifted to Jayashree hospital at Hoskote where she succumbed to the injuries.