K. R. HEMALATHA Vs. LOKESH

JUDGEMENT

(1.) The Miscellaneous First Appeal No.3062/2009 is filed by the claimants challenging the quantum of compensation and the Miscellaneous First Appeal No.7083/2009 is filed by the Insurance Company questioning the fastening of liability on the Insurance Company in the judgment and award dated 01.01.2009 passed in MVC No.7536/2009 on the file of the MACT, Bengaluru City, SCCH.14.

(2.) The parties are referred to as per their original rankings before the Tribunal to avoid confusion and for the convenience of the Court.

(3.) The factual matrix of the case is that, the claimants are the legal heirs of the deceased H.S.Rama Murthy, who met with an accident on 13.02.2006 at about 4.00 a.m. in the early morning when he was proceeding in a Swaraj Mazda Canter bearing registration No.KA-16-77-92 by hiring the same for carrying jaggery load to his business place and when the said vehicle reached near Balaji Weigh Bridge near KB Cross, NH 206, the driver of the said canter drove the same at high speed in a rash and negligent manner without observing any traffic, came to the wrong side and dashed against the parked lorry. As a result, the said H.S.Rama Murthy sustained grievous injuries for which he was hospitalized and took treatment from the date of accident and later succumbed to injuries on 09.04.2006.