THE NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE KOLAR THROUGH REGIONAL OFFICE Vs. MUNIRAJU S/O SRINIVASA AND ANR.

JUDGEMENT

(1.) This appeal is filed by the Insurance Company challenging the quantum of compensation awarded by the I Additional Civil Judge and Additional Motor Accident Claims Tribunal, Kolar ('Tribunal', for short] in MVC No.47/2009, as excessive.

(2.) The claimant preferred petition under section 166 of the Motor Vehicles Act, 1988 against the respondents claiming compensation for the injuries sustained by him in the motor vehicle accident which occurred on 23.02.2008 alleging actionable negligence on the rider of the TVS-50 XL Moped bearing registration No.KA-07/K-968, duly insured with the appellant/insurance company. On service of notice, appellant/insurance company appeared and contested the matter. On appreciation of material evidence, the Tribunal allowed the petition in part, awarding total compensation of Rs. 19,57,000/- with interest at 6% per annum from the date of the petition till the date of realization. Aggrieved by the same, this appeal is filed by the insurance company seeking reduction of the quantum of compensation amount awarded.

(3.) Learned counsel appearing for the appellant vehemently contended that the Tribunal grossly erred in determining the monthly income of the claimant at Rs. 8,000/- albeit the claim made by the claimant was Rs. 6,000/- per month towards the income. Ignoring the same, the Tribunal determined the monthly income at Rs. 8,000/- which is exorbitant and arbitrary.