UNITED INDIA INSURANCE CO. LTD. Vs. S. PAVITHRA

JUDGEMENT

(1.) This appeal by the appellant- Insurer is directed against the impugned judgment and award dated 19/04/2014 passed in MVC No.481/2013, by the I Additional Senior Civil Judge and Motor Accident Claims Tribunal-V, Davanagere, (hereinafter referred to as ' Tribunal' for short),.

(2.) The Tribunal by its judgment and award has awarded a sum of Rs. 18,65,000/- under different heads with interest at 6% per annum from the date of petition till realization, as against the claim of the claimants for a sum of Rs. 26,23,200/-, on account of the death of the deceased, Sri. Venkatanarayana Swamy, in the road traffic accident.

(3.) In brief, the facts of the case are: The claimants are the wife, minor children and parents of the deceased. On account of the death of the deceased in the road traffic accident, they filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation against the driver, owner and Insurer of the offending vehicle, contending that, on 13.4.2013 at about 9.30 p.m. deceased was proceeding by walk near Nelahonne Thanda, at that time, the driver of the Lorry bearing Reg. No.KA.27.B.256 came in a rash and negligent manner and dashed to the deceased from back side. Due to which, deceased sustained grievous injuries all over the body and died at the spot.