DIVISIONAL MANAGER Vs. S.JAAHIDABEE

JUDGEMENT

(1.) These appeals are filed by the Insurance Company under Sec. 173(1) of the Motor Vehicles Act, (for short, 'the Act') being aggrieved by the judgment and award dtd. 24/9/2018 passed by the MACT, Harappanahalli in MVC Nos.654/2015 and 655/2015. Since the challenge is to the same judgment, both the appeals are clubbed together, heard and common judgment is being passed.

(2.) Facts giving rise to the filing of the appeals briefly stated are that on 23/4/2015 at about 8.00 p.m. the deceased Abdul Lathief along with his wife was proceeding on the motorcycle bearing registration No.KA-17/EN-5045 from Hallada road to via Ambedkar Badavane road to reach their home. When the deceased was going through the Arsikere byepass road, at that time, Ashoka Leyland bus bearing registration No.KA-17/A-8235 being driven by its driver at a high speed and in a rash and negligent manner dashed to the motorcycle. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the injuries at the spot and his wife suffered grievous injuries and was hospitalized.

(3.) The claimants filed a petition under Sec. 166 of the Act seeking compensation for the death of the deceased and also for the injuries sustained by the claimant along with interest.