ORIENTAL INSURANCE CO. LTD. Vs. C.K.JAYAMMA

JUDGEMENT

(1.) This appeal under Sec. 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) has been filed by the insurance company being aggrieved by the judgment dtd. 3/7/2020 passed by the Motor Accident Claims Tribunal, Kunigal, in MVC No.861/2013.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 26/1/2013 around 5.30 P.M. when the deceased S.S.Kempaiah and others were walking towards Agalakote Hand Post on the left side of Huliyurdurga to Magadi Road, while so walking near Alasabele village, at that time one Innova Car bearing registration No.KA-51-N-6372 came from Magadi side driven by its driver in a very high speed with rash and negligent manner and dashed against the motorbike bearing registration No.KA-02-EJ-6822 and then pedestrian S.S.Kempaiah. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the injuries.

(3.) The claimants filed a petition under Sec. 166 of the Act seeking compensation for the death of the deceased along with interest.