NEW INDIA ASSURANCE CO. LTD. Vs. BIBI NAFISA

JUDGEMENT

(1.) MFA No.7683/2014 is filed by the Insurance Company challenging the judgment and award dtd. 11/8/2014 in MVC No.269/2009, passed by the Additional District & Sessions Judge and Additional MACT, Udupi (sitting at Kundapura), Kundapura, insofar as it relates to fastening liability on the Insurance Company to pay compensation. MFA.CROB.54/2020 is filed by the claimants seeking enhancement of compensation.

(2.) Brief facts of the case are as under: It is the case of the claimants that on 12/12/2008, at about 8.45 P.M., deceased Hassan Shabbar s/o Ali Saheb was proceeding on the side of the road near Vinayaka Hotel on NH17, Ranginakatta, Bhatkal and at that time, a two wheeler came from Shirali side in a rash and negligent manner and dashed against the deceased due to which the deceased sustained grievous injuries and succumbed to the injuries on the way to the hospital. The Tribunal after appreciating the evidence on record has awarded the compensation on various heads as follows: <IMG>JUDGEMENT_59_LAWS(KAR)5_2024_1.jpg</IMG>

(3.) The Tribunal has fastened the liability on the Insurance Company to pay compensation.