ORIENTAL INSURANCE CO LTD Vs. T NAGARATHNA

JUDGEMENT

(1.) Mfa No.3238/2015 and MFA Crob No.33/2016 are filed by the insurance company and the claimants seeking reduction and enhancement respectively against the judgment and award dated 3.1.2015 passed in MVC No.658/2013 by the 1st Addl. Senior Civil Judge and Addl. MACT., VII at Shivamogga (for short 'the Tribunal').

(2.) Brief facts of the case are that on 01.12.2012 at about 11.20 p.m., the Forest Department officials and the deceased-Shankarappa B.H. who was the Head Constable No.1956 of Aagumbe Police Station were on duty at Aagumbe Forest Check Post to check the vehicles plying. When they were checking a car, a Tipper Lorry bearing No.KA 14A 6378 driven by the 1st respondent - G.R. Ravindra in a high speed and rash and negligent manner came behind the car. On seeing the said Tipper Lorry, the deceased Head Constable and other officials gave a signal to the Tipper Lorry to stop, but the 1st respondent driver of the tipper lorry disobeyed the signal in order to escape from the clutches of the inspecting officials the tipper lorry ran over the deceased which has resulted in his death on the spot. MACT., awarded compensation of a sum of Rs.25,78,000.00 along with interest @ 6% per annum from the date of petition till its realization from the respondent Nos.1 to 3 jointly and severally. Further, respondent No.3 being the insurer of the offending vehicle was directed to deposit the entire compensation amount along with interest accrued thereon within a period of two months, failing which award amount shall carry interest @ 9% per annum. It was also directed, compensation amount be shared among petitioner No.1 to 4 in the ratio of 5:2:2:1 as against claim of the claimants a sum of Rs.83,90,000.00.

(3.) Oriental Insurance Company-appellant in their appeal has contended as under:-