NEW INDIA ASSURANCE CO. LTD. Vs. SARASWATHI

JUDGEMENT

(1.) The New India Assurance Company Limited has filed this appeal challenging the legality and correctness of the judgment and award dated 30-01-2012 made in MVC No. 542/2007 passed by the Fast Track Court-11, Tumkur fastening the liability on them to compensate the claimants.

(2.) Respondent Nos. 1 to 7 herein had filed a claim petition contending that the brother of the claimants L.N. Ravikumar while proceeding in a Bajaj Caliber motorcycle bearing Registration No. KA-06/Q-3402 as a pillion rider on Penagounda-Bangalore Road, on NH-7, a lorry bearing Registration No. KA-09/Y-3935 driven by its driver in a rash and negligent manner dashed against the said motorcycle. Due to that the rider as well as the pillion rider fell down and sustained grievous injuries. The rider of the motorcycle died on the spot whereas L.N. Ravikumar was shifted to Flindupur Hospital and thereafter he was shifted to Baptist hospital at Bangalore. In spite of giving best treatment, he succumbed to injuries on 10-03-2007. In the claim petition, it was contended that the deceased was working as a Marketing Agent in Velagu Samsthe at Ananthapuram and earning Rs. 5,000.00 p.m. The deceased was the only bread earner of the family and sought for compensation of Rs. 25,00,000.00.

(3.) The insurance company defended the case by filing the written statement.