NAGAMMA Vs. MANAGER, NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) Though this appeal is listed for admission, with the consent of the learned Counsels appearing on both sides, the matter is taken up for final disposal.

(2.) This appeal is filed by the aggrieved legal heirs of one Ramachandra, who died in a road accident, challenging the judgment and award dated 02.11.2012 passed by the Member MACT: IV Addl. Judge, Court of Small Causes, Bengaluru City, ( for short, 'Tribunal') allowing the claim petition in part and awarding compensation of Rs.8,09,840.00 with interest at 6% pa. from the date of petition till the date of deposit.

(3.) The brief matrix of the case of the claimants is that, on 27.03.2011 at about 11.30 a.m., when the deceased Ramachandra was moving as a pedestrian on Bengaluru-Hosur Main Road, NH.7 Cross Road by observing all traffic rules, when he was crossing the road near Chikkanahalli Road Cross, Attibele Town, Anekal, suddenly a loaded lorry bearing No. TN.28.AD.1013 came from Bengaluru in rash and negligent manner with high speed and hit Ramachandra, as a result of which, the Ramachandra fell down and the wheels of the said lorry ran over him and he succumbed to the injuries on the spot. Immediately, he was shifted to Primary Health Centre, Anekal and after post mortem, funeral ceremony was conducted by his family members by spending Rs.20,000.00.