M/S NATIONAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, LAKSHMI BAZAAR, CHITRADURGA, NOW REP BY ITS REGIONAL OFFICE, NO. 144, SHUBHARAM COMPLEX, M.G. ROAD, BANGALORE 560 001, REP BY ITS ADMINISTRATIVE OFFICER Vs. SMT. R.T. ASHA

JUDGEMENT

(1.) Though this appeal has been listed for condonation of delay, as this matter is of the year 2010, with the consent of learned counsel for both parties, the same is taken up for admission, after condoning the delay.

(2.) Appellant is the National Insurance Company Limited. It is aggrieved by the judgment and award dated 04.02.2010 passed by the Additional Motor Accident Claims Tribunal, Hiriyur in M.V.C. No. 117/2007 awarding total compensation of Rs. 5,78,000/- along with interest at 6% per annum from the date of petition till realization. The liability has been fastened jointly and severally on the appellant - insurance Company and the owner of offending motor vehicle.

(3.) Briefly stated facts leading to the present appeal are, husband of 1st respondent, Dharmaraj who was the son of respondents 2 and 3 met with an accident on 02.07.2006 involving motor cycles bearing registration Nos. KA-16/J-3292 and KA-16/J-1098. Deceased was proceeding on his motor cycle from Hiriyur by-pass towards Hiriyur. At that time, another motor cycle driven by its rider - 4th respondent herein came from KSRTC bus stand in high speed and dashed against the motor cycle belonging to the deceased. On account of the impact, Dharmaraj fell down and sustained injuries resulting in his death. Deceased was working as a Junior Technical Officer in Matrix Private Limited at Hyderabad. It was urged that he was earning salary of Rs. 5,500/- per month. On account of his death, claimants being his widow and parents were put to great loss and irreparable agony.