MANAGER NEW INDIA ASSURANCE COMPANY LIMITED Vs. GOVINDAPPA

JUDGEMENT

(1.) The New India Assurance Company Limited has challenged the legality of the award, dated 18.04.2018, passed by the Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru (SCCH-15), whereby for the death of Mr. Vishwanath. G, the learned Tribunal has granted a compensation of Rs.23,16,000/-, along with interest @ 8% per annum, from the date of petition till the date of realization.

(2.) Briefly the facts of the case are that on 01.07.2013, at the dead of the night Mr. Vishwanath. G, was riding his motorcycle, on the PF Office Road, Singasandra. When he reached near the Ashok Reddy Site, a Canter, bearing registration No.TN-76 S-9469, was negligently parked in the middle of the road, without any indicator, or any reflective triangle signal. Therefore, Mr. Vishwanath. G, collided with the back side of the Canter. He suffered grievous injuries. He was immediately rushed to the Blossom Hospital. Subsequently, he was shifted to the Spine Care and Ortho Care Hospital. But despite the best treatment given to him, he expired on 06.07.2013 at 9.00 a.m. Since the parents lost their son in a vehicular accident, they filed a claim petition before the learned Tribunal. In order to support their case, they examined two witnesses, and submitted thirty documents. On the other hand, the Insurance Company examined six witnesses, and submitted nine documents. After appreciating the evidence submitted by both the parties, the learned Tribunal granted the compensation as aforementioned. Hence, this appeal filed by the Insurance Company.

(3.) Mr. R. Rajagopalan, the learned counsel for the Insurance Company, has raised the following contentions before this Court:-