K CHENNAKESHAVULU Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) Appeal in MFA No.7824/2013 by the claimants and the corresponding MFA Crob No.13/2017 by the owner of the offending vehicle lay a challenge to the judgment and award dated 06.02.2013 made by III Additional MACT, Tumkur, allowing MVC No.355/2011 whereby a compensation of Rs. 4,36,000/- with interest at the rate of 6% per annum subject to a usual condition of bank deposit, has been awarded.

(2.) The challenge by the claimants is on the ground of inadequacy of compensation and the challenge by the owner of the offending vehicle is on the ground that the liability ought to have fastened on the respondent-insurer.

(3.) To prove the claim, the widow of the deceased Smt. Adilakshmamma was examined as PW.1 and the son being the second claimant Mr. Nagaraju was examined as PW.2. In their evidence, eleven documents came to be marked as per Exhibits P.1 to P.11, which amongst other, consisted of Police Papers, Post Mortem Report, Ration Card and Voter ID Card. From the side of the insurer or the owner of the insured vehicle, none was examined nor any document was got marked. The MACT, after looking to the pleadings of the parties and after appreciating the evidentiary material on record, has entered the impugned judgment and award.