BRANCH MANAGER Vs. H.S. WAZEER

JUDGEMENT

(1.) This appeal is preferred by the Insurer against the judgment and award dated 12.07.2012 in M.V.C.NO.1/12 passed by the Court of the 1st Additional Senior Civil Judge and MACT-V, Chitradurga wherein, the Tribunal awarded a total sum of Rs.5,70,000/- (Rupees Five Lakhs Seventy Thousand Only) with interest at the rate of 6% per annum to the claimants as compensation, for the death of one Rubina Banu in a road traffic accident which occurred on 04.09.2010.

(2.) It is the case of the claimants that they are the parents of the deceased Rubina Banu. On 04.09.2010 at about 10:45 a.m, deceased Rubina Banu along with another (petitioner in M.V.C.No.51/2011) was proceeding on a scooty bearing Registration No.KA-16/U-2521 from Adichunchanagiri College towards Chitradurga. When the scooty came in front of the college, the bus bearing registration No.KA-43/1044 driven by its driver, came from back side of the scooty in a rash and negligent manner and dashed against the scooty, as a result, both the rider i.e., the deceased as well as the pillion rider fell down and sustained injuries. They were taken to District Hospital, Chitradurga for treatment. Rubina Banu succumbed to the injuries in the hospital. It is the further case of the claimants that the deceased was aged about 21 years and she was a Diploma holder in Information Science and Technology and she was a highly meritorious student. She has passed entrance test for admission to Engineering course at Bengaluru and she has passed the examination of Information Science and Technology conducted by Board of Technical Examination and etc.

(3.) The claim petition was filed seeking a total compensation of Rs.25,00,000/- (Twenty Five Lakhs Only). The claimants got examined 3 witnesses and got marked Ex.P.1 to Ex.P.153 in connection with M.V.C.No.51/2011 and M.V.C.No.1/2012. The claim was opposed by the Insurance Company. On behalf of the respondents, Ex.R1 i.e., policy copy was marked.