LAKSHMAMMA Vs. CLASSIC LOGISTICS

JUDGEMENT

(1.) This appeal by the Claimants challenges the judgment and award dated 01.06.2013 made by MACT, Bangalore, (SCCH-20) allowing M.V.C.No.2502/2012 whereby, a compensation of Rs.2,69,976/- (being 40% of Rs.6,74,940/-) is awarded with interest at the rate of 6 % per annum, subject to usual condition of bank deposit.

(2.) The brief facts stated are : in a vehicular accident, that happened on 01.02.2012, because of rash and negligent driving of Mini lorry bearing Registration No.KA-43-3119 and another lorry bearing Registration No.HR-55-N-2340, Mr.Narasimhamurthy @ Narasimhappa sustained fatal injuries and succumbed to the same. In the claim petition in M.V.C.No.2502/2012 filed by the L.Rs of the deceased, the respondent-Insurer had filed the Written Statement, resisting the claim.

(3.) To prove the claim, the widow of the deceased Smt.Lakshmamma was examined as PW.1 and an eye witness Sri. Muralidhara S, the driver of the Mini lorry was examined as PW.2. In their evidence, 9 documents came to be marked as per exhibits P1 to P9, which inter alia consisted of Police Papers, Post Mortem Report and Family Ration Card, etc. From the side of the respondent-Insurer, none was examined, although a copy of the Insurance Policy was marked as per exhibit R1.