UNITED INDIA INSURANCE CO LTD Vs. KAVITHA

JUDGEMENT

(1.) Heard Shri. L. Sreekanta Rao, learned counsel for the insurer-appellant and perused the records. The claimants-respondent Nos. 1 to 3, driver & owner-respondents-3 & 4, though served, have remained un-represented.

(2.) The insurer has preferred this appeal, challenging the impugned Judgment and award dated 20.08.2015, passed by the Motor Accidents Claims Tribunal and Additional Small Causes and Senior Civil Judge, Mysuru, in MVC No.1229/2012 on the ground that the compensation awarded by the Tribunal is on the higher side.

(3.) The facts of the case are that on 29.10.2012 at about 11.00 a.m, the deceased Gururaj was driving goods auto bearing registration No.KA-10- 5929 was carrying the pipes along with Raju, the owner of the auto. When they came near MES National College junction, the driver of the car bearing registration No.KA-05-C-9735 came from left side of the goods auto, driven in a high speed, rash and negligent manner by its driver and dashed to the auto. As a result, the auto rolled down. Due to the impact, driver and owner of the auto sustained severe injuries. The owner of the auto died at the spot and driver succumbed to the injuries in K.S. Hospital, Mysuru. The claimants being the wife, mother and minor son of deceased Gururaj have filed a claim petition under Section-166 of the Motor Vehicles Act, 1989, seeking compensation.