NATIONAL INSURANCE CO LTD Vs. Y RAMAKRISHNA

JUDGEMENT

(1.) THIS appeal is by the Insurer being aggrieved by the exaggerated compensation awarded by the MACT and Small Causes Judge in MVC No. 501/99 by order dated 30-12-04.

(2.) ON 14-9-98 around O. 20 hours in the midnight when the claimant No. 'l and his wife Bhagyalakshmi were engaged in shifting their daughter Rashmi from Chinmaya Mission Hospital to Manipal Hospital in an ambulance bearing No. KA-03-4959 on airport road due to Ae negligence of the driver of the car bearing No. DL-IN-0969 who drove the vehicle in a rash and negligent manner it dashed to the left edge of the ambulance and caused the accident, due to which, Bhagyalakshmi the wife of claimant No. l sustained injuries and succumbed to the injuries. Alleging that she was aged about 36 years at the time of accident and was an agriculturist earning Rs. 2,50,000/- per year and that the accident was due to the negligence on the part of the driver of the offending car in question, the claim petition was filed. The Tribunal on the matter being contested having raised three issues for consideration held that the accident was due to the negligence on the part of the driver of the car bearing No. DL-IN-0969 and awarded a total compensation of Rs. 7,62,000/- with 6% interest. Challenging the saddling of entire liability on the Insurance company contending that there is a contributory negligence on the part of the driver of the ambulance as well and also stating that the quantum of compensation awarded in on the higher side this appeal has been filed.

(3.) HEARD.