BRANCH MANAGER ORIENTAL INSURANCE CO LTD Vs. NARSAMMA

JUDGEMENT

(1.) Though the case is posted for hearing with regard to the interlocutory application, with the consent of both the counsels the matter is heard on merits.

(2.) The respondent Nos.1 to 5 herein are the claimants before the accident claims tribunal at Raichur, who have made a claim petition against the respondents therein claiming compensation of Rs.1,25,50,000/- due to the untimely death of the husband of the first claimant by name Pampanna who died in a motor vehicle accident. There is no dispute between the parties that on 15.03.2016 the deceased Pampanna Askihal along with one Gururaj were returning back to Raichur from Jawalgera and they were also transporting agricultural equipment in a said tractor. An accident occurred due to the rash and negligent driving of the said tractor by its driver which was also fitted with a trailer bearing Reg.No.KA-36/TB-9345 and due to the impact of the injuries sustained by him the said Pampanna died on the spot. A case was registered against the driver of the tractor by the competent police and a charge sheet has also been laid against him. The claimants have claimed compensation against the respondents therein on the various aspects including the total quantum of compensation to be awarded to them. The respondents have appeared and particularly the respondent No.3 therein the Oriental Insurance Company has contested the proceedings on various contentions. The trial Court has framed the following issues on the basis of the contentions raised by the respective parties, which are as follows:

(3.) The claimant examined herself as PW-1 and one witness as PW-2 and also got marked Exs.P-1 to P-13. On the side of the respondents, respondent No.1 got examined himself as RW-1 and respondent No.3 Insurance Company examined one witness as RW-2 and they also got marked Exs.R1 to R5. After analyzing the oral and documentary evidence on record, the Tribunal has answered issue No.1 in the affirmative and issue No.2 in the negative and allowed the claim petition partly by awarding a compensation of Rs.44,77,956/- with interest at the rate of 6% per annum by fastening the liability on the Insurance Company that is respondent No.3 (appellant herein).