SMT. M. GEETHA Vs. ROHIT

JUDGEMENT

(1.) This appeal by the claimants is directed against the impugned judgment and award dated 14th August, 2013 passed in MVC No. 60/2011 on the file of the III Additional District Judge, Mysore (hereinafter referred to as ?Tribunal? for short).

(2.) By its judgment and award, the Tribunal has awarded a sum of Rs. 2,52,000/- with interest at 6% p.a., from the date of petition till its realisation as against the claim made by the appellant, on account of the death of Sri. Sathya Prasad, in the road traffic accident with a direction to respondent Nos. 1 and 2 to indemnify the award amount on the ground that the driver of the offending vehicle was possessing a valid Driving Licence to driver LMV transport cab. The appellants contending that the judgment and award is liable to be modified and the rate of interest awarded is on lower side, have presented this appeal.

(3.) In brief, the facts of the case are: The 1st appellant is mother and 2nd appellant is brother of the deceased and they have filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation on account of the death of the deceased in the road traffic accident, contending that, on 6-9-2010 when the deceased Sathya Prasad was crossing the road in front of Columbia Asia Hospital. Mysore, on Mysore-Bangalore Road in Mysore at about 7.30 a.m., the respondent No. 1 being the driver of Maxi Cab bearing Reg. No. KA-11-2626 drove it in a rash and negligent manner endangering human life and public safety and in the said process, dashed against the deceased resulting in grievous head injury to the deceased, and immediately deceased was shifted to Columbia Asia Hospital and was immediately operated under general anesthesia and that he was inpatient in Columbia-Asia Hospital form 6-9-2010 to 14-11 -2010 and later on he was taken to Christian Medical College, Vellore in Tamil Nadu for better treatment. On account of the untimely death of the deceased they filed claim petition before the Tribunal. The Tribunal after appreciating the oral evidence of Sri. P. Guruprasad, PW2-Dr. Arun and PW3 - Dr. Jacob George and documentary evidence at Exs. P1 to P25 and oral evidence RW1 - C.A. Chandrashekar and documentary evidence at Exs. R1 to R2 and other material available on record, has allowed the claim petition in part and awarded the compensation of Rs. 2,52,000/-, with interest at 6% p.a., from the date of petition till the date of deposit and directed respondent Nos. 1 and 2 indemnify the award amount and exonerated the 3rd respondent-insurer of its liability, on the ground that driver of the offending vehicle was not possessing a valid and effective D.L. as on the date of accident. Exonerating the 3rd respondent-insurer of its liability, the appellants have presented this appeal.