DIVISIONAL MANAGER Vs. PUSHPA

JUDGEMENT

(1.) This appeal is filed by the appellant-Insurance Company challenging the judgment and award dated 30th December 2010, passed by the Senior Civil Judge and AMACT, Haveri (for short "the Tribunal") in MVC No.8/2010, whereby the tribunal had awarded compensation of Rs.2,99,000/- with interest at the rate of 6% p.a. in favour of the claimants.

(2.) The brief facts of the case are that on 24.08.2008 at about 1:00 p.m. the deceased- Susheelavva and other passengers were traveling in a auto-rickshaw bearing registration No.KA-27/8062 from Kabbur to Haveri. The driver of the said auto- rickshaw driving the same in a rash and negligent manner and when he came near Devihosur cross on Hosalli-Haveri road, he lost control over the vehicle; as a result, the deceased pull on the road and tyre of the said auto-rickshaw was gone over the head of the deceased. Due to the said accident, the deceased lost her breath at the spot. The claimants who are daughters of the deceased-Susheelavva filed claim petition before the tribunal in MVC No.8/2010.

(3.) In order to establish their case, they have examined one witnesses and marked 8 documents. On the other hand, the Insurance Company has examined one witness and marked one document. On appreciation of the oral and documentary evidence, the tribunal has awarded compensation of Rs.2,99,000/- with interest at 6% p.a. from the date of petition till realization. Being aggrieved by the same, the appellant-Insurance Company has filed this appeal.