ICICI LOMBARD GEN INS CO LTD Vs. VEENA

JUDGEMENT

(1.) M.F.A.No.7633/2009 and MFA Crob.No.45/2010 are directed against the Judgment and award dated 21.08.2009 passed by the XVI Additional Judge, MACT, Bengaluru in MVC No.6861/2007 wherein claim petition came to be allowed in part and a compensation of Rs. 7,06,500/- together with interest @ 6% p.a. came to be granted from the date of petition till date of realisation to be paid by the appellantinsurance company to the claimants.

(2.) The insurance company has preferred M.F.A.No.7633/2009 challenging the grant of compensation to the claimants at the same time the claimants therein have preferred cross objection No.45/2010 as counter appeal seeking enhancement of compensation.

(3.) The incident that caused the proceedings under Motor Vehicles Act is that on 07.09.2007 one Siddaramu was riding motor cycle bearing registration No.KA-11K-8860 from his village towards Kabbalu village and route was Bengaluru Sathnoor Main road and a tractor bearing No.KA-42-1216 driven in a rash and negligent manner dashed against the motorcycle on which said Siddaramu was riding, because of which he sustained grievous injuries. He was admitted to Government Hospital, Kanakapura and referred to NIMHANS Hospital and from there to Shekar hospital and there he was inpatient but he could not recover from the injuries and succumbed to injuries in the hospital. Rest of the matter is claimants expending towards medical expenditure, funeral and transportation charges etc.