NATIONAL INSURANCE COMPANY LTD Vs. SAROJAMMA

JUDGEMENT

(1.) THIS appeal is by the Insurance Company challenging the liability fixed by the MACT, Bangalore in MVC 2701/1997.

(2.) CLAIM petition was filed by the widow and minor children of one kalaiah who died in a road traffic accident occurred on 7-7-1997 at about 1-30 p. m. near Mathikere on Bangalore -Mysore Road. Kalaiah was a vegetable vendor. In order to secure vegetables to his shop in the Village, by hiring a tempo bearing No. KA 05-9401 kalaiah was proceeding in the tempo which met with an accident and died in the hospital on 12-7-1997.

(3.) ACCORDING to the claimants, deceased as a vegetable vendor was earning a sum of Rs. 4000/- per month and that the was aged about 40 years on the date of death. The claim petition was not contested by the owner of the vehicle. On an application filed under Section 170 of the indian Motor Vehicles Act, 1988, insurance Company sought permission to defend the case and the permission was granted to the Insurance company by the tribunal.