UNITED INDIA INSURANCE COMPANY LTD Vs. MAHALAKSHMI

JUDGEMENT

(1.) Both these appeals, namely MFA No.1467/18 filed by the Insurance Company, and MFA No.6410/18 filed by the claimants, arise out of the same impugned award dated 12.07.2017, passed by the VIII Additional Small Causes Judge and the Motor Accident Claims Tribunal (SCCH-5), Bengaluru. By the impugned award, the learned Tribunal has granted a compensation of Rs. 29,36,000/- along with interest @ 9% per annum for the death of Mr. Mariyanna.

(2.) Briefly the facts of the case are that on 08.06.2015, at about 3:30 p.m., Mr. Mariyanna was walking on the left side of Thimmanahalli- Doddabelavadi Road. Suddenly, a Tractor, bearing Reg. No.KA-40-T-9085, being driven rashly and negligently, dashed against Mr. Mariyanna from behind.

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