- (1.) THIS appeal by the appellant/Corporation is directed against the impugned judgment and award dated 18/10/2010 passed in MVC No.1129/2010, by the 14th Additional Judge, Court of Small Causes and Motor Accident Claims Tribunal, Bengaluru City (SCCH - 10), (hereinafter referred to as ' Tribunal' for short).
(2.) THE Tribunal, by its judgment and award has awarded a sum of Rs. 20,70,000/ - under different heads with interest at 6% per annum from the date of petition till its deposit, as against the claim of Rs. 40,00,000/ -, on account of the death the deceased Sri. S. Vijay Kumar, in the road traffic accident, with a direction to the Corporation to indemnify the award amount. The appellant/Corporation has filed this appeal, on the ground that, the Tribunal has erred in issuing a direction to it to indemnify the award amount instead of issuing a direction to the 5th respondent to indemnify the same as the vehicle in question was insured with it as on the date of the accident in view of non production of copy of Insurance Policy before it is not sustainable and is liable to be set aside.
(3.) IN brief, the facts of the case are: The claimants are the wife, minor son and parents of the deceased. They filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation on account of the death of the deceased in the road traffic accident, contending that, on 23.1.2010 at about 7.30 a.m. deceased was riding his motorcycle bearing Reg.No.KA.02.EL.6091, when he came on Kurubarahalli main road, infront of House no.130, Bengaluru, at that time, the driver of the BMTC bus bearing Reg.No.KA.01.F.2093 came in a rash and negligent manner at high speed and dashed to the motorcycle of the deceased and also hit another auto and caused the accident. In the accident, deceased sustained fatal injuries and died at the spot. It is the further case of the claimants that, deceased was aged about 38 years, hale and healthy prior to the accident, and earning Rs. 20,000/ - per month being the Proprietor of R.R. Engineering work, Prakashnagar, Bangalore and looking after the welfare of the family. Due to his untimely death, claimants have lost their bread earner and they suffered both financial and social insecurity, apart from mental shock and agony.;