MANAGER, ORIENTAL INSURANCE CO. Vs. SRI. GAJENDRA S/O. PANDU RAO AND SKANKAREGOWDA AND OTHERS

JUDGEMENT

(1.) THOUGH this matter is posted for admission, with the consent of the learned counsel for the parties, the same is taken up for final disposal.

(2.) THIS appeal by the Insurer is directed against the judgment and award dated 3rd August 2009, passed in M.V.C.No.67/2009 (Old No. 1449/2007), by the Civil Judge(Sr.Dn) and Motor Accident Claims Tribunal at. JMFC at Pandavapura, (for short. Tribunal'), awarding compensation of Rs. . 2,55,600/ - in favour of the first respondent/claimant, on the ground that the quantum of compensation awarded by Tribunal is excessive, exorbitant and on the higher side and needs to be reduced.

(3.) ON account of the injuries sustained in the accident, the claimant filed the claim petition before the Tribunal, seeking compensation of a sum of Rs. .10.00 lakhs against the owner and the insurer of the offending vehicle. The said claim petition had come up for consideration before the Tribunal on 3rd August 2009. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. .2,55,600/ - under different heads, with 6% interest per annum, from the date of petition till the date of deposit and directed the Insurer to satisfy the award. Being aggrieved by the quantum of compensation awarded by Tribunal, the Insurer is in appeal before this Court, seeking to modify the impugned judgment and award passed by Tribunal by reducing the compensation.