NINGAMMA Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) Leave granted.

(2.) Since both these appeals arise out of the same set of facts and involve similar questions of law, we propose to dispose of both these appeals by this common judgment.

(3.) The present appeals arise out of a motor accident claim. The claimant No. 1 and 2 are the wife and son respectively of the deceased-Ramappa. On 09.09.2000, the deceased was traveling on Hero Honda Motor Cycle, which he borrowed from its real owner for going from Ilkal to his native place Gudur. When the said motor cycle was proceeding on Ilkal-Kustagl, National Highway, a bullock cart proceeding ahead of the said motor cycle carrying iron-sheet suddenly stopped and consequently deceased-Ramappa who was proceeding on the said motor cycle dashed against it. Consequent to the aforesaid incident, he sustained fatal injuries over his vital part of body and on the way to Govt. Hospital, Ilkal, he died. The doctor of the general hospital, Ilkal conducted post mortem examination over dead body of the deceased and gave his opinion that the death of the deceased was caused due to hemorrhage and shock due to the injury to his liver. The aforesaid motor cycle in which the deceased was traveling at the time of accident was insured with the Insurance Company, namely, the United India Insurance Co. Ltd. and the said motor cycle was owned by one Paranagouda.