JAMILABI Vs. BRANCH MANAGER, ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) Heard the learned counsel for the appellants and respondent. The appellants-claimants are before this Court being dissatisfied with the quantum of compensation awarded by the Tribunal.

(2.) For the sake of convenience, the parties are referred to by their ranking before the Tribunal.

(3.) The facts in brief are that, on 01.12.2007, after completion of his work the deceased was coming from Raichur circle to Kampli circle on his bicycle on the extreme left of the road; and that when he neared Government Primary School, respondent No.1 being the driver of the lorry bearing No.AP-03/U-153 drove the same in a rash and negligent manner so as to endanger the human life on a public road and while overtaking his front portion of the vehicle dashed to the bicycle. As a result of which, the deceased fell down and the lorry ran over the body of the deceased resulting in his instantaneous death; and that one Manjunath lodged the complaint before the jurisdictional police at Gangavathi and the same came to be registered as Crime No.40/2007 for the offences punishable under Sections 279, 304(A) of IPC r/w Section 187 of IMV Act.