NEW INDIA INSURANCE CO LTD Vs. SUMITHRAMMA

JUDGEMENT

(1.) This appeal is filed by the appellant-Insurance Company challenging the judgment and award passed in M.V.C.No.7335/2011 whereby the Tribunal while awarding a total compensation of Rs.4,26,900/- to the claimants for the death of one Annaiahppa, held the respondent Nos.1 and 2 before the Tribunal jointly and severally liable to pay the compensation and further held that the respondent No.1- Insurance company shall pay the compensation with interest.

(2.) I have heard the learned counsel for appellant and the learned counsel appearing for respondent Nos.1 to 4.

(3.) The brief facts leading to filing of this appeal are that the claim petition was filed by respondent Nos.1 to 4 herein seeking a total compensation of Rs.6,00,000/- for the death of one Annaiahppa in a road traffic accident which occurred on 13.12.2004 at about 11.30 p.m., involving a Bajaj Tempo bearing registration No.KA-03-6061 and a lorry bearing registration No.KA-02-A-24. It is the case of the claimants that on 13.12.2004 at about 11.30 p.m., the deceased was traveling in the Bajaj Tempo bearing registration No.KA-03-6061 along with others and goods from Santepete towards Bangalore. When the said tempo reached near Yentaganahalli palya, at that time the driver of the Bajaj Tempo dashed the said vehicle against a parked lorry bearing registration No.KA-02-A- 24 from back side and due to the impact, the persons traveling in the said tempo sustained injuries and Annaiahppa succumbed to the injuries.