CLAIM MANAGER Vs. SABEEHA BANU

JUDGEMENT

(1.) These appeals, though listed for admission, are taken up for final disposal with the consent of the learned counsel appearing for the parties.

(2.) These appeals under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) have been filed by the Insurance Company and the claimants being aggrieved by the judgment dated 02.12.2016 passed by the 5th Additional District and Sessions Court & Additional MACT at Hassan M.V.C.No.905/2015.

(3.) Facts giving rise to the filing of the appeal briefly stated are that on 06.04.2015, the deceased was riding a motor cycle bearing registration No.KA-53-J- 3488 near the industrial area at Hassan and when he was passing in front of HPCL petrol bunk, was trying to park his motor bike at about 4.00 PM, a lorry bearing registration No.KA-46-1447 which was being driven by its driver in a high speed and in a rash and negligent manner dashed against the bike of the deceased, which resulted in the deceased sustaining grievous injuries on his head, leg, stomach and other parts of the body. The deceased was immediately admitted to the Government hospital at Hassan and was later on shifted to Janapriya hospital at Hassan where he was admitted as an inpatient. It transpires that on the advice of the doctors the deceased when being taken for higher treatment to Mangalore, on 07.04.2015, succumbed to the injuries at about 7:30 AM on his way to Mangalore.