NATIONAL INSURANCE CO LTD Vs. GOVINDA K BHOSALE

JUDGEMENT

(1.) Aggrieved by the grant of compensation of Rs. 33,56,000/- to the parents, sister, and brother of the deceased, Ms. Kiran Kumari G. Bhosale, the Insurance Company has challenged the award dated 10.11.2017, passed by the VIII Additional Small Causes Judge, and MACT (SCCH- 5), before this Court.

(2.) Briefly stated, the facts of the case are that on 28.06.2016, at about 5.00 p.m., Mr. Dhananjay, and Ms. Kiran Kumari G. Bhosale, were proceeding in a car on the National Highway-75, B. M. Road. When they reached near Kumbaragatte Gate, Sakleshapura Taluk, the driver of the said car drove the car in such a rash and negligent manner that he lost control over the car. Consequently, the car dashed against a tree standing by the road. While Mr. Dhananjay died on the spot, Ms. Kiran Kumari succumbed to the injuries later on. Since her parents, brother, and sister had lost the younger member of the family, they filed a claim petition before the learned Tribunal. Meanwhile, the legal representatives of Mr. Dhananjay also filed a separate claim petition. In order to substantiate their cases, they examined four witnesses, and submitted thirtyfour documents. On the other hand, the Insurance Company neither examined a witness, nor submitted any document. As aforementioned, the learned Tribunal granted the compensation to the claimants respondents. Hence, this appeal by the Insurance Company challenging the same.

(3.) Mr. B. C. Seetharama Rao, the learned counsel for the Insurance Company, has vehemently raised the following contentions before this Court:-