NEW INDIA ASSURANCE CO. LTD., D.O. NO. III NO. 9/2, MAHALAKSHMI COMPLEX, M.G. ROAD, BANGALORE. REP. BY ITS SENIOR DIVISIONAL MANAGER Vs. SMT. EILEEN MEENAKSHI RAIBORDE, W/O. PRAKASH. M. RAIBORDE, SMT. CAROLINE RAIBORDE, D/O. PRAKASH M. RAIBORDE

JUDGEMENT

(1.) THIS appeal by the appellant -Insurer is directed against the impugned judgment and award dated 26/03/2007 passed in MVC No. 5520/2004 by the Judge, Court of Small Causes and Member, Motor 'Accident Claims Tribunal, Bangalore (SCCH -9), (hereinafter referred to as 'Tribunal' for short). By its judgment and award, the Tribunal has awarded a sum of Rs. 6,88,000/ - with interest at 6% p.a., from the date of petition till realization as against the claim made by the claimants for a sum of Rs. 10/ - lakhs, on account of the death of the deceased Sri. Prakash M. Raiborde in the road traffic accident.

(2.) THE undisputed facts of the case is, the occurrence of the accident on 2.1.2004 at about 12.40 p.m. and the resultant death of the deceased Sri. Prakash M. Raiborde, on account of the rash and negligent driving by the driver of the offending vehicle. On account of the death of the deceased Sri. Prakash M. Raiborde, claimants have filed a claim petition before the Tribunal under Section );">166 of M.V. Act, claiming compensation.

(3.) THE said claim petition had come up for consideration before the Tribunal. The Tribunal, after hearing the learned counsel for both the parties and after appreciating the oral and documentary evidence available on file, has allowed the said petition in part and awarded the compensation of Rs. 6,88,000/ - with interest at 6% p.a., from the date of petition till its realization, directing the insurer to satisfy the award amount.