ANASUYAMMA AND ORS. Vs. NAGALINGA SWAMY AND ORS.

JUDGEMENT

(1.) THIS appeal by the Insurance Company is against the judgment and award dated 01.09.2008 in MVC No. 15/2008 on the file of Civil Judge, (Sr. Dn.) and MACT. VI, Kudulgi.

(2.) ONE Gurubasavaraju was proceeding on a motorbike on 27.05.2005. At about 9.30 p.m. when motorcycle reached on Morab Ammanakeri Cross, a Truck bearing registration No. KA 35 -8919 came in a rash and negligent manner and dashed against the motor bike resulting instantaneous death of Gurubasvaraju. His wife and children filed a claim petition under Section 166 of the MV Act against the owner and insurer of the Truck.

(3.) THE claim petition came up for consideration before the Tribunal. The Tribunal on appreciation of the evidence held that the truck in question caused the accident and the death of the deceased and thereby, the Tribunal awarded a total compensation of Rs. 5,49,600/ - to the claimants and directed the insurer to satisfy the award. The Insurance Company being aggrieved by the award preferred MFA No. 20575/2009. Whereas, dissatisfied with the quantum of compensation awarded by the Tribunal, MFA No. 20395/2010 is preferred by the claimants.