SAI MOTORS Vs. NAYNA MURTHY AND ORS.

JUDGEMENT

(1.) This appeal lays a challenge to the judgment and award dated 03.01.2017 made by the MACT, Kolar allowing MVC.No.74/2013 whereby a compensation of Rs.10,94,869/- with interest at the rate of 6% p.a., subject to a usual condition of bank deposit, has been awarded.

(2.) The Brief facts stated are: the appellant is authorized dealer of the kind of offending vehicle. Respondent No.5 happens to be the authorized agent of the appellant. The accident involving the vehicle in question happened on 30.10.2012 at around 5.30 p.m. because of rash and negligent driving of respondent No.4. One Mr.Shivakumar who had sustained fatal injuries in the said accident, succumbed to the same; the legal representatives of the deceased filed a claim petition in MVC.No.74/2013, which was resisted by appellant and other opposing parties by filing written statement.

(3.) To prove the claim, the respondentsclaimants had examined Nyana Murthy - the father of the deceased PW.1. In his evidence twelve documents came to be marked which comprised of the police papers, IMV report, Post Mortem report, Voter ID card, Ration Card, etc. From the side of the owner of the offending vehicle, the appellant is examined as RW.1 and from the side of the insurer Mr. M. Sampath was examined as RW.2. In their evidence four documents have been marked as per Exhibits R1 to R4 which interalia comprised of insurance policy and delivery challan.