UNITED INDIA INSURANCE CO LTD Vs. MAIRE SHARIGARTHI

JUDGEMENT

(1.) THE appellants have challenged the judgment and award dated 23. 11. 1996 passed in MVC No. 1183 of 1991 granting a total compensation of rs. 1,55,226. 55 to the respondents for the death of one Ganesha Sheregara who was a passenger in K. S. R. T. C. bus bearing No. KA-01-F-12 bound from Udupi towards bangalore.

(2.) WHEN the said bus was proceeding after Katapady, a lorry bearing registration no. CTW 5451 came from the opposite direction and dashed against the hind portion of the bus wherein the deceased, on account of the impact, sustained grievous injuries such as head injury, severe and grievous multiple injuries and fractures as mentioned in column 11 of the petition. Subsequently, the injured passenger was shifted to the hospital for medical aid and as such while he was taking treatment succumbed to the injuries on 15. 9. 91. Hence the petition was filed by the respondents and has been decided by the M. A. C. T. , udupi.

(3.) FOR the respondents, PWs 1 and 2 are examined and Exhs. P1 to P13 are marked. For the appellants, only one witness is examined, namely, DW 1 and one document Exh. D1 is marked. The Tribunal ultimately held that it was on account of rash and negligent driving by the driver of the lorry the accident took place and further relied upon the evidence of PW 1. The total compensation awarded by the tribunal is as follows: