LAWS(KAR)-2016-4-113

NATIONAL INSURANCE CO. LTD. Vs. SUKANYAMMA T.K.

Decided On April 01, 2016
NATIONAL INSURANCE CO. LTD. Appellant
V/S
Sukanyamma T.K. Respondents

JUDGEMENT

(1.) Both these appeals are directed against the judgment and award dated 17th July 2014 passed in M.V.C.No.7895/2010 by the XII Additional Small Causes Judge and Member,M.A.C.T., Bangalore, (for short 'the Tribunal') whereby the claim petition filed under Section 166 of the Motor Vehicles Act, 1989, by the dependants/legal heirs of the deceased late Basavamadappa allegedly in a road traffic accident dated 14.6.2010 is partly allowed by awarding compensation of Rs.19,96,467/-.

(2.) M.F.A.No.7133/2014 is filed by the insurer, denying the involvement of the Ashok Leyland lorry bearing registration No.TN-45/AK-5688 in the accident, thereby denying the liability to cover the risk of the owner of the said vehicle.

(3.) M.F.A.No.7522/2014 is by the claimants being dissatisfied with the quantum of compensation of Rs.19,96,467/- as insufficient. However, it is the submission of both learned Counsels that the crux of the matter lies in the identity of the vehicle involved in the accident not the quantum of compensation awarded.