JAYAMMA Vs. FAKKIRAPPA

JUDGEMENT

(1.) Though these matters are listed for admission, with the consent of the learned counsel for parties, heard finally and disposed of.

(2.) Mfa No.101653/2019 is preferred by the insurance company and MFA Crob No.100119/2019 is preferred by the claimants assailing the judgment and award passed by the Principal Senior Civil Judge and M.A.C.T., Haveri (hereinafter referred to as "the Tribunal" for short) in MVC No.36/2018, dated 23.01.2019.

(3.) The brief facts which are germane for the disposal of the appeal and cross-objection are as under:- It is contended in the claim petition that on 22.10.2017, one Peeresh S/o. Keshappa was proceeding from Byadagi towards Shidenur on a motorcycle bearing No.KA-27/EG-5116 obeying the traffic rules. At about 7.00 p.m., when he was near the land of Kabbur of Agasanahalli village, a Tractor Trailer unit bearing No.KA-27/TA-4969-4970 (for short "TT unit") came in a rash and negligent manner from opposite direction and collided against the motorcycle resulting in fatal injuries to the motorcyclist and he became unconscious. It is further contended that, immediately he was shifted to the Government Hospital, Byadagi for treatment and then to Aaraike Hospital, Davanagere where he was treated as an inpatient and thereafter was shifted to A.J. Hospital and Research Centre, Mangalore for higher treatment, where he was treated as an inpatient in ICU and undergone multiple surgeries and despite the best medical treatment, on 29.10.2017, he succumbed on account of fatal injuries sustained by him in the accident. It is further contended by the claimants that a huge amount was spent towards medical treatment of the deceased, transportation of his dead body, funeral expenses etc. It is further contended that the deceased was aged 45 years as on the date of the accident and was earning Rs.30,000/- per month by doing tailoring work and Rs.30,000/- through agricultural operations. It is further contended that the accident had occurred solely on account of rash and negligent driving of the TT unit by its driver and hence sought for compensation.