LAWS(KAR)-2019-7-378

NEW INDIA ASSURANCE CO. LTD. Vs. PREETI

Decided On July 24, 2019
NEW INDIA ASSURANCE CO. LTD. Appellant
V/S
PREETI Respondents

JUDGEMENT

(1.) M.F.A.No.100687/2015 has been filed by the insurer challenging the judgment and award in M.V.C.No.1990/2013, M.F.A.No.100397/2015 has been filed by the claimants in M.V.C.No.1991/2013 and M.F.A.No.100398/2015 has been preferred by the claimants in M.V.C.No.1990/2013 challenging the judgment and award passed by the I Addl. Senior Civil Judge & Addl. M.A.C.T., Belagavi, dated 07.11.2014.

(2.) We have heard learned counsel for the parties.

(3.) Brief facts of the case are that on 29.04.2013 the husband of petitioner No.1 Appasab Dhanapal Shirahatti in M.V.C.No.1990/2013 along with his mother were returning to their native place after attending Panchkalyana Pooja at Dattawad, Taluka Shirol on the motorcycle bearing registration No.MH: 09/BW-9893. His mother Sundravva was the pillion rider on the said motorcycle and the said Appasab was riding the motorcycle. When the said motorcycle reached near Ugar BK village, a Indica car bearing registration No.MH-03/Z-7924 came from opposite direction and came in a zigzag and rash and negligent manner and dashed to the motorcycle. As a result of the said impact, they fell down and sustained injuries and died on the spot. Therefore, the legal representatives of deceased Appasab and deceased Sundrawa have filed claim petitions before the Tribunal for claiming the compensation.