1. This appeal by the Insurer is directed against the impugned and award dated 22nd September 2008, passed in MVC No. 7105/2007, by the XVI Addl. Judge, Court of Small Causes, Member, Motor Accident Claims Tribunal, Metropolitan Area, Bangalore (SCCH-14), (for short, ‘Tribunal’), for reduction of compensation on the ground that, the compensation of Rs.2,85,000/- awarded in favour of the claimant as against his claim for Rs.04.00 Lakhs, is excessive, on the higher side and is liable to be reduced.

2. The facts in brief are that, claimant is the husband of the deceased late Kamalamma. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, the deceased met with a road traffic accident, at about 10.45 A.M, on 03-09-2007, when she was crossing Bannerghatta road in front of NGR Kalyana Mantapa from West to East by observing all the traffic rules, cautiously and when she had crossed major portion of the road, on account of rash and negligent driving by the driver of Tata Sumo bearing No.KA-41/3008 and sustained grievous injuries. On account of the injuries sustained she succumbed to it on the spot itself.

3. It is the case of the claimant