NATIONAL INSURANCE CO. LTD. Vs. SOWMYA

JUDGEMENT

(1.) Though this appeal is posted for Admission, the same is taken up for final disposal, with the consent of the learned counsel appearing for both the parties. This appeal by the Insurer is directed against the judgment and award dated 6th January, 2011, passed in MVC No. 3884/2009, by the XVI Additional Judge, Motor Accident Claims Tribunal, Bangalore City (SCCH-14), (for short, 'Tribunal'), seeking reduction of compensation, on the ground that, the compensation awarded by Tribunal on account of the death of deceased M.L. Meena Kumari, is excessive, exorbitant and disproportionate to the income of the deceased and hence, liable to be reduced substantially and that the direction issued by the Tribunal to the Insurer to indemnify the award is liable to be set aside on the ground that the offending vehicle in question is not at all involved in the accident.

(2.) The facts of the case as stated in the claim petition are that, at about 11-00 a.m., on the ill-fated day, i.e. on 14-06-2012, when the deceased M.L. Meena Kumari was crossing the road, in front of BMTC Bus stop, near Pallavi at RRMR Road, Bangalore, at that time, an Innova Car bearing Registration No. KA-03/ME-3606 came at high speed, in a rash and negligent manner and dashed against the deceased. Due to the impact, she sustained grievous injuries to her head and chest. Immediately she was shifted to St. Martha's Hospital, Bangalore. After examination, it was confirmed that she is dead.

(3.) On account of the death of the deceased, the claimant/daughter of deceased/respondent 1 herein filed the claim petition before the Tribunal, seeking compensation of a sum of Rs. 51,00,000/- against the appellant/Insurer and another. The said claim petition had come up for consideration before the Tribunal on 6th January, 2011. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 23,59,400/- under different heads, with 6% interest per annum, from the date of petition till the date of deposit. Being aggrieved by the direction issued by the Tribunal to indemnify the award and also the quantum of compensation awarded by the Tribunal, the Insurer is in appeal before this Court, seeking reduction of compensation, on the ground that the offending bus was not at all involved in the accident and that the compensation awarded by Tribunal is exorbitant and on the higher side and also disproportionate to the source of income of the deceased.