MANAGER RELIANCE GENERAL INSURANCE CO.LTD Vs. SHIVALEELA

JUDGEMENT

(1.) This appeal is filed by the Insurer of the Tata Indica Car bearing Reg.No.KA-22/1274 calling in question the judgment and award dated 19.11.2013 in MVC.No.1863/2011 on the file of the 5th Additional District Judge and 6th Additional Motor Accident Claims Tribunal, Belagavi (for short, 'the Tribunal'). The Tribunal has allowed the claim petition in MVC.No.1863/2011 in part awarding a sum of Rs.2,55,65,500/- to the claimants viz., the wife and two minor children of the deceased, Sri Prakash Patil. The Tribunal has awarded interest at the rate of 8% per annum from the date of the petition till the date of deposit.

(2.) The Insurer has filed this appeal challenging the quantum of compensation awarded by the Tribunal. There is no dispute that the deceased Sri Prakash Patil succumbed to the injuries in the road accident on 21.12.2009 at about 04.45 p.m. on Chikkodi- Shankeshwar Road near Nidasosi Gate or that the Insurer is liable to pay just and reasonable compensation to the dependents of Sri Prakash Patil. Further, there is no dispute that the claimants4 respondents No.1 to 3 are the wife and children of Sri Prakash Patil and they are entitled for compensation as his dependents.

(3.) The necessary details for the purposes of this case could be described as follows: Sri.Prakash Patil was waiting, along with others including students from a nearby college, for a Bus to return to Belgaum. Sri Prakash Patil and the others were waiting for the bus at the edge of the Eastern Side of Chikkodi - Shankeshwar Road measuring 32 feet in width. The Tata Indica Car coming from Chikkodi side ran into Sri Prakash Patil and others who were waiting on the eastern side of the road. The Tata Indica Car was being driven rashly and negligently. Sri Prakash Patil and others namely, Sri.Balasahed Dastagir, Smt. Neelambika Pattar and Sri.Basavaraj Badiger were severely injured and the four others suffered simple injuries. Sri Prakash Patil was shifted to Government5 Hospital, Sankeswar for initial treatment, and he was later shifted to KLE Hospital, Belgaum for further treatment. Sri Prakash Patil who was under treatment in the said Hospital breathed his last on 25.12.2009 at about 08.50 a.m. The jurisdictional police registered FIR in Crime No.298/2009 against the driver of the Tata Indica Car. The jurisdictional police, after investigation, filed the Final Report against the driver of Tata Indica Car for offences punishable under Sections 279,337,338,304 (A) of IPC and Section 134 and 187 of the Motor Vehicles Act.