ORIENTAL INSURANCE COMPANY LIMITED Vs. SARASWATHAMMA

JUDGEMENT

(1.) THE Insurance Company in this appeal is challenging the judgment and award dated 12. 6. 2006 passed in MVC no. 2758/2005 by the IX Addl. Judge, Member, MACT-7, Court of Small causes, (SCCH-7), Metropolitan Area, Bangalore.

(2.) THE brief facts of the case are that, while, the deceased was loading the watermelon fruits on the lorry, slipped and fell down from the lorry on a large stone, sustained grievous injury to the spinal cord and succumbed to the injuries on 4. 2. 2005 while under treatment. The claimants, being the legal representatives of the deceased, filed claim petition praying for grant of compensation under the provisions of Section 163-A of the Motor vehicle Act. The Tribunal has awarded total compensation of Rs. 2,72,200/-with 6% interest thereon under various heads. This appeal is filed by the insurance Company challenging the findings relating to negligence and the quantum of compensation.

(3.) SRI P. B. Raju, learned Counsel appearing on behalf of the Insurance company, argued that the lorry was in stationary condition and was not in use and thus, the accident has not arisen out of the driving of the motor vehicle. According to him, as the claimant himself fell down from the lorry while loading the watermelon, there cannot be any negligence on the part of the driver of the lorry causing death of the deceased and therefore the owner of the lorry consequently the Insurance Company is not liable to pay the compensation. He further submitted that the compensation awarded by the Tribunal is on the higher side.