SIDDALINGAMMA AND ANOTHER Vs. J BASAVESHWARAIAH AND OTHERS

JUDGEMENT

(1.) Appellants are the claimants. Being not satisfied with the quantum of compensation awarded in the judgment and award dated 28th January, 2011 passed in MVC No. 210/2007 by the Motor Accident Claims Tribunal, Ramanagara (for short 'Tribunal') and also fastening the liability on the owner of the vehicle to compensate the claimant, they have filed this appeal seeking enhancement of compensaion.

(2.) The appellants are the parents and sister of deceased Abhishek C U. They filed a claim petition contending that on 21.4.2007, when the deceased Abhishek C U was proceeding on a motorcycle bearing Registration No. KA-04/W-3553 as a pillion rider, near Hunase-marada Bande Cross, a lorry bearing Registration No. AP-02/U-6122 came in a rash and negligent manner and dashed the motorcycle. Due to that the rider and the pillion rider fell down and sustained grievous injuries and subsequently Abhishek C U died during the course of treatment. In the claim petition, it was contended that at the time of death, the deceased was aged about 19 years. He was working as an agriculturist and also doing sericulture as well as dairy farm. He was earning a sum of Rs. 8,000/- per month. In view of death of the deceased, the family has lost one of the earning members. Due to rash and negligent driving of the lorry, which was insured with the 2nd respondent, both respondents No. 1 and 2 are liable to compensate the claimants and sought for compensation of Rs. 8,00,000/-.

(3.) The Insurance Company defended the case by filing written statement contending that due to negligence on the part of rider of motor-cycle, the accident occurred. Further the driver of the offending lorry was not holding valid and effective driving license. The charge sheet was filed against the driver of the said lorry. Hence, the Insurance Company contended that it is not liable to compensate the claimants and sought for dismissal of the claim petition as against the Insurance Company.