LAWS(KAR)-2019-9-47

ORIENTAL INSURANCE CO. LTD. Vs. BABITA

Decided On September 03, 2019
ORIENTAL INSURANCE CO. LTD. Appellant
V/S
BABITA Respondents

JUDGEMENT

(1.) Insurance Company as well as the claimants are in appeal challenging the judgment and award passed by the Motor Accident Claims Tribunal, Bidar sitting at Basavakalyan ('Tribunal' for short) in MVC No.467/2015 dated 21.02.2017.

(2.) The claimants being the wife and children of the deceased Kashappa who died on 25.02.2015 in the road accident, have filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 alleging actionable negligence on the driver of Swift Car bearing Reg.No.KA-56/M-219.

(3.) On issuance of summons by the Tribunal, respondent Nos.1 and 2 appeared through their learned counsel and contested the claim. On appreciation of evidence, the Tribunal allowed the claim petition in part, awarding total compensation of Rs.18,16,000/- with interest at the rate of 7% per annum from the date of petition till its complete realization fixing the liablity on the Insurer.