ORIENTAL INSURANCE CO LIMITED Vs. MAHADEVI

JUDGEMENT

(1.) Mfa No.200026/2017 is filed by the appellant Insurance Company challenging the judgment and award of the Tribunal dated 6.10.2016 passed in MVC No.862/2015 by the II Addl. Senior Civil Judge & Member, MACT., Kalaburagi.

(2.) The brief facts of the case are that on 11.06.2015 at about 6.15 pm the deceased along with his friend by name Mallikarjun were going on Motor cycle bearing Reg.No.KA-32/EE-8233. When the deceased came near Oxygen factory on Sedam Road at that time one Cruiser vehicle bearing No.MH-13/BN-3265 came in a high speed and rash and negligent manner and also in zigzag manner and dashed to the above said motorcycle due to which the deceased sustained grievous head injuries and multiple fracture; and died on the spot.

(3.) The grounds taken by the appellant-insurance company are that the Tribunal, fixing the income of Rs.10,000/- of the deceased has awarded a huge amount of the compensation and secondly the amount awarded under the head of consortium is at Rs.1,00,000/-, is higher side.