BRANCH MANAGER NEW INDIA ASSURANCE COMPANY LIMITED Vs. PREMA; S V CHANDRASHEKARAMURTHY; S V SHIVAPRAKASH; CHIKKACHENNAVEERAPPA; M V SAROJAMMA; CHANNAKESHAVAMURTHY

JUDGEMENT

(1.) The New India Assurance Company Limited, the appellant has challenged the legality of the award dated 16.02.2015, passed by the Motor Accident Claims Tribunal, Court of Small Causes at Bengaluru (SCCH-15), whereby for the death of Mr. C. Veerabhadraswamy, the husband of the respondent No.1, the father of the respondent Nos. 2 and 3, and the son of the respondent Nos. 4 and 5, the learned Tribunal has granted a compensation of Rs.22,37,000/-, along with interest @ 8% per annum, from the date of filing of the petition till the date of realization.

(2.) Briefly stated, the facts of the case are that on 09.07.2013, around 9.40 pm, Mr. Veerabhadraswamy, was proceeding as a rider on a motorcycle. When he reached near the R. V. College of Engineering, opposite to Benz Car showroom, on the Bengaluru Mysore Main Road, a petrol tanker, bearing registration No. KA-02 C-2619, being driven rashly and negligently, dashed against the motorcycle. Due to the impact, Mr. Veerabhadraswamy, fell from the motorcycle; he died on the spot. Since the claimants respondents lost the bread earner of the family, they filed a claim petition before the learned Tribunal. In order to support their case, they examined three witnesses, and submitted twelve documents. On the other hand, the Insurance Company examined two witnesses, and submitted nine documents. As aforementioned, the learned Tribunal granted the compensation to the claimants respondents. Hence, this appeal by the Insurance Company.

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