ORIENTAL INSURANCE COMPANY LIMITED Vs. SALMA

JUDGEMENT

(1.) THIS appeal by the Insurance Company is directed against the Judgement and award passed by the Motor Accident Claims tribunal, Court of Small Causes, bangalore SCCH-7 in MVC No. 2943/2005 dated 18/5/2006 wherein the application filed by the respondents under Section 163-A of the Motor Vehicles Act, has been allowed in part and compensation of Rs. 3,81,000/- has been awarded with interest at 6% per annum from the date of petition to the date of payment.

(2.) WE have heard the learned Counsel appearing for the appellant and the learned Counsel appearing for the respondents.

(3.) THE learned Counsel appearing for the appellant submitted that the compensation awarded by the tribunal is in accordance with the structure formula and the schedule read with the provisions of Section 163-A of the Motor Vehicle Act. However, the main contention of the learned Counsel for the appellant in this appeal is that the application filed by the respondents seeking compensation towards the death of the driver of the car who was himself negligent in driving the car, is not maintainable and wherefore, the tribunal ought to have dismissed the petition filed under Section 163-A of the Motor Vehicles Act as not maintainable.