MANAGER-LEGAL Vs. JABANATH AND ORS.

JUDGEMENT

(1.) THIS appeal by the Insurance Company is directed against the judgment and award dated 1st December 2009, passed in MVC No. 1573/2009, by the XI Additional Judge and Court of Small Causes, Member, Motor Accident Claims Tribunal, Bengaluru (SCCH -12), (for short, 'Tribunal') for reduction of compensation on the ground that, the compensation of Rs. 19,24,920/ - with 6% interest per annum, awarded in favour of the sole claimant as against her claim for Rs. 25,00,000/ -, is excessive, exorbitant and on the higher side.

(2.) THE facts in brief are that the respondent No. 1 herein is the claimant/mother of deceased Saurajit Nath, who died in the road traffic accident. The sole claimant/respondent No. 1 filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 4:30 P.M. on 14 -01 -2009, when the deceased was riding his motor cycle bearing Registration No. KA -03/ET -2141 slowly and cautiously, on the left side of the Kudalahalli main road - BEML Layout junction, at that time, the driver of Tavera Car bearing registration No. KA -03/C -5985 came at a high speed, in a rash and negligent manner, and dashed against the deceased. Due to the impact, the deceased son of the sole claimant fell down and sustained grievous injuries and died on the spot.

(3.) ON account of the death of the deceased, the sole claimant filed the claim petition before the Tribunal, seeking compensation of a sum of Rs. 25,00,000/ - against the appellant/Insurer and owner of the offending vehicle. The said claim petition had come up for consideration before the Tribunal on 1st December, 2009. 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. 19,24,920/ - under different heads, with 6% interest per annum, and directed the appellant/insurer to indemnify the same. Being aggrieved by the quantum of compensation awarded by the Tribunal, the Insurer is in appeal before this Court, seeking reduction of compensation.