NATIONAL INSURANCE CO LTD Vs. SAROJAMMA

JUDGEMENT

(1.) This Miscellaneous First Appeal is filed by the Insurance Company challenging the judgment and award dated 13.10.2009 passed in MVC No. 243/2008 on the file of Civil Judge (Senior Division) and MACT, Maddur, challenging the fastening of liability on the Insurance Company to pay the entire compensation and not considering the contributory negligence on the part of the deceased himself and also the quantum of compensation.

(2.) The claimant is the mother of the deceased. The claimant has filed the claim petition under Section 166 of Motor Vehicles Act claiming compensation of Rs.14,00,000/- contending that on 06.05.2008, at about 02.00 pm, when her son was proceeding to Maddur from Mandya in a Bajaj Boxer bearing registration No.KA.02/EH.9649 on the left side of the Bangalore Mysore main road slowly and cautiously, when he reached Gejjalagere near KMF, a canter vehicle Swaraj Mazda bearing No. KA-11/D-9599 being driven by its driver in a rash and negligent manner with high speed, suddenly crossed the road without any signal and the accident occurred. Due to the accident, her son fell down and sustained grievous multiple injuries. Immediately thereafter, he was shifted to General Hospital, Mandya and he succumbed to the injuries.

(3.) It is her case that her son was aged about 26 years and he was doing tender coconut business in addition to agricultural operations and he was earning a sum of Rs.10,000/- per month. He was the bread earning member of the family and claimed compensation.