ORIENTAL INSURANCE CO LTD Vs. RAJESHWARI

JUDGEMENT

(1.) With the consent of the learned counsel appearing for the parties, the matter is taken up for final disposal.

(2.) The insurer as well as the claimants have challenged the judgment and award passed by the Senior Civil Judge and MACT, Chittapur ('Tribunal' for short) in MVC No.789/2015 dated 18.01.2016, whereby compensation of Rs.15,86,000/- is awarded by the Tribunal with interest at the rate of 6% p.a. from the date of petition till realization.

(3.) Claimants being the legal representatives of the deceased Mallikurjun, who succumbed to the injuries sustained in a motor vehicle accident which occurred on 16.03.2015 at about 1.00 p.m., preferred a claim petition before the Tribunal seeking compensation, alleging actionable negligence on the rider of TVS Sport motorcycle duly insured with the insurer. It was contended that owing to the injuries sustained in the said motor vehicle accident, the victim succumbed to the injuries on 17.03.2015 while taking treatment at Government General Hospital, Kalaburagi. On service of summons, respondent No.2-insurer appeared before the Tribunal and contested the claim. However, the owner of the offending vehicle remained absent, placed exparte.