NEW INDIA ASSURANCE CO LTD Vs. MAHADEVAMMA

JUDGEMENT

(1.) It is a case of death of one Nagaraju in a motor road accident occurred on 19-5-2006. His wife and son are the claimants before the Tribunal and they are in appeal seeking enhancement of compensation.

(2.) Brief facts of the case are, that on 19-5-2006 at about 6.30 a.m. when the deceased Nagaraju was proceeding in a maxi cab bearing registration No. KA-03-A-0847, the vehicle was driven in a rash and negligent manner by its driver on Anekal-Chandapura Road and it hit against a Banyan tree near Havadadenahalli village. The deceased Nagaraju sustained grievous injuries and he was immediately shifted to Anekal Government Hospital, wherein first aid treatment was given, and thereafter he was referred to Bangalore Hospital and he succumbed to injuries on the way to the hospital.

(3.) Both the owner of the vehicle and the Insurance Company have filed their separate statement of objections. The Insurance Company in its statement of objections though has denied the case of the claimants, but admitted the insurance, stating that its liability is subject to the terms and conditions of the insurance policy and to the validity of the RTO records, permit, provisions of Motor Vehicles Act and effective valid driving license of the driver of the vehicle involved in the accident.