BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED Vs. SURESHASRANI; KOMALA SURESHASRANI; GEETHA M SHADAPURI @ DISHITA S ASRANI, MAJOR; DIRECTOR, B M T C , KENGHAL HANUMANTHAIAH ROAD

JUDGEMENT

(1.) Though this matter is posted for Admission, the same is taken up for final disposal, with the consent of the learned counsel appearing for the parties.

(2.) This appeal by the Insurance Company is directed against the judgment and award dated 3rd July 2013, passed in MVC No.845/2010, by the Member, Principal Motor Accident Claims Tribunal and Chief Judge, Court of Small Causes, Bangalore, (for short, 'Tribunal' ) seeking to modify the impugned judgment and award, fixing reasonable contributory negligence on the part of the deceased rider of the motor cycle and also for reduction of compensation on the ground that, the income assessed by Tribunal is disproportionate to the source of income of the deceased and adding 50% towards future prospects of the deceased cannot be sustained.

(3.) On account of the death of the deceased Girish S. Asrani in the road traffic accident, the claimants, who are none other than the parents and wife of the deceased filed the claim petition before the Tribunal, seeking compensation of a sum of Rs. 25.00 lakhs against the owner and Insurer of the offending Bus. The said claim petition had come up for consideration before the Tribunal on 3rd July, 2013. 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 compensation of a sum of Rs. 59,96,192/- with interest at 6% per annum, from the date of petition till the date of realization and directed the appellant/Insurer of the offending Bus to indemnify the award. Being aggrieved by the quantum of compensation and also directing the Insurer alone to indemnify the award, without fixing reasonable contributory negligence on the part of the deceased rider of the Motor Cycle, the appellant/Insurer has presented this appeal, seeking to modify the impugned judgment and award passed by Tribunal, by fixing reasonable contributory negligence on the part of the deceased rider of motor cycle and also to reduce the compensation substantially.