RAMA BOMMAYYA NAIK Vs. ANILKUMAR AYYAPPAN PILLAI

JUDGEMENT

(1.) Mfa No.23208/2010 has been preferred by the appellant-insurer and MFA No.22832/2010 has been preferred by the appellants-claimants assailing the judgment and award passed by Addl. MACT, Kumta in MVC No.9/2006 dated 31.12.2009.

(2.) Heard. Appeals are admitted and with the consent of the learned counsel appearing for the parties, the same are taken up for final disposal.

(3.) The brief facts of the case are that on 6.5.1999 Annappa Rama Naik was coming from Kumta to Ankola after attending the work entrusted by respondent No.1. At about 9.45 a.m. when he reached Bargi suddenly a animal crossed the road, as such the said Rama Naik spontaneously applied the brake and as a result of the same the said vehicle went on the left side of the road and he fell down and sustained injuries and subsequently he succumbed to the injuries. A criminal case was registered in this behalf. For having lost the son, father and mother, brother and sister have filed the claim petition under Section 166 of the Motor Vehicles Act.