DIVISIONAL MANAGER Vs. KARTHIKA

JUDGEMENT

(1.) This appeal is filed by the Insurance Company aggrieved by the quantum of compensation awarded by the Motor Accident Claims Tribunal (Special Motor Accident Claims Tribunal), at Thiruvannamalai.

(2.) The facts, relevant to decide this appeal, are as under:- On 07.07.2013, at Kunigal by pass, NH 75 high ways, near Chetihalli gate, Tumkur District, Karnataka, a lorry bearing registration No.KA 13A 299 was stationed due to right side rear tyre deflation. While the Cleaner and Driver of that Lorry were changing the deflated tyre, a Tanker Lorry bearing registration No.KA 04 A 7207 driving from Hasan towards Bangalore, without noticing the stationed Lorry, ramp on its back. The Driver of the Tanker Lorry bearing registration No.KA 04 A 7207 and Cleaner sustained severe injuries. They were taken to Kunigal Government Hospital. The Cleaner by name Balaji died in the hospital. Muniappa - Driver of the Lorry survived with injuries.

(3.) A claim petition was filed by one Karthika claiming herself as the wife of the deceased Balaji against the owner of the Tanker Lorry bearing registration No.KA 04 A 7207 and its Insurer. The mother and brother of the deceased Balaji were arrayed as respondents 3 and 4 respectively in the said claim petition. A sum of Rs.20 lakhs was sought as compensation.