THE ORIENTAL INSURANCE CO.LTD. Vs. DAKSHAYANI.P

JUDGEMENT

(1.) The Oriental Insurance Company Limited filed this appeal challenging the legality and correctness of the judgment and award dated 8th March 2011 made in MVC No.1501/2010 passed by the Motor Accident Claims Tribunal, Bangalore (hereinafter referred to as 'the Tribunal' for short) fastening the liability on them to compensate the claimants.

(2.) The respondents 1 to 4 herein filed a claim petition contending that husband of the first claimant and father of claimants 2 to 4 Sri.Mohan was working as a cleaner in a bus bearing Registration No.KA -05/D -9999. On 28 -07 -2009 at about 4.00 p.m., while Mohan was standing near the door, due to the rash and negligent driving of the said bus by its driver, he fell down from the bus and wheels of the bus ran over his leg, as a result of which, he sustained grievous injuries. Immediately after the accident, he was shifted to St.Johns Medical College Hospital, Bangalore. He was inpatient there from 28 -07 -2009 to 08 -08 -2009 and on 08 -08 -2009 he succumbed to injuries. At the time of accident, he was getting salary of Rs.10,000/ - p.m. In view of death of the bread earner, the family has become destitute. The respondents 1 and 2 in the claim petition, who are the owner and insurer of the offending vehicle are liable to compensate the claimants and sought for compensation of Rs.15,00,000/ -.

(3.) In pursuance of the notice issued by the Tribunal, owner of the vehicle entered appearance and admitted that the deceased was working with him as conductor -cum - cleaner and he was paying the deceased salary of Rs.6,000/ - p.m. The driver of the vehicle was holding valid and effective driving license and the insurance policy was in force as on the date of accident. Hence the insurer is liable to compensate the claimants.