NATIONAL INSURANCE CO LTD Vs. GURUALLAMMA

JUDGEMENT

(1.) THIS appeal by the insurance company is directed against the judgment and award passed by the XVI Addl. Judge and Member, MACT Bangalore City, in MVC 982/2006, dated 29-11-2006, being aggrieved by the passing of the award under the Section 163-A of the Motor Vehicles Act (hereinafter referred to as the Act, for short) and awarding compensation of Rs. 4,68,300/-with simple interest at 6% p. a. from the date of petition till the date of realisation.

(2.) WE have heard the learned counsel for the appellant and the learned counsel for the respondent.

(3.) THE learned counsel for the appellant-insurance company submitted that the claim petition is filed by the mother of one Nagaraj who died due to injuries sustained in a motor accident that occurred on 14-12-2005 while he was travelling in an autorickshaw bearing No. KA-05-A-4240 due to rash and negligent driving of a car bearing No. KA-02-And 4605. The petition was filed under Section 163-A of the Act. The learned counsel submitted that the order sheet shows that the petition was filed under Section 166 of the Act and not under Section 163-A, and the Tribunal was not justified in taking the age of the deceased as 22 years; according to him, the Tribunal ought to have taken the age of the claimant-mother which is 50 years, while ascertaining loss of dependency as per Second Schedule for calculating compensation in a petition filed under Section 161-A of the Act.