HEMAVATHI Vs. NEW INDIA ASSURANCE

JUDGEMENT

(1.) THOUGH this matter was listed for admission on 1-8-2008, by the consent of both sides, the same was heard on merits.

(2.) BEING dissatisfied with the quantum of compensation awarded by the Tribunal in MVC No. 5340/2002 on the file of MACT-5, Bangalore City, the petitioner-claimant has filed this appeal seeking enhancement of compensation. The appellant filed claim petition seeking compensation from the respondents for the death of her husband Lokesh who died in the motor vehicle accident that occurred on 10-8-2002 at about 10. 30 p. m.

(3.) THE claim petition was filed against the insurer and the owner of the Tata Sumo impleading them as respondent Nos. 1 and 2, respectively. The mother and father of the deceased got themselves impleaded as respondent Nos. 3 and 4, respectively. But they did not contest the petition. Upon service of notice of claim petition, respondent No. 1 the insurer appeared and contested the petition and filed the written statement admitting the issuance of policy in respect of the vehicle in question and its validly as on the date of the accident. However, the first respondent denied all the petition averments.