MAHADEVI Vs. SAMBHAJI

JUDGEMENT

(1.) Though this cross objection and appeal are listed for orders, with the consent of parties, both are heard finally and matters are taken up final disposal.

(2.) Mfa No.101828/2014 is filed by the Insurance company and MFA Crob No.100064/2016 is filed by the claimants-cross objectors questioning the validity of the judgment and award dated 05.06.2014, passed by IV Additional District and Sessions Judge and Member MACT-V, Belgaum in MVC No.1906/2012.

(3.) Brief facts which are necessary for the disposal of the cross objection and appeal are as under : A claim petition came to be filed under Section 166 of M.V. Act contending that on 17.07.2010 at about 19.00 hours on Ghataprabha Hukeri road, near Rakshi cross, within the jurisdiction of Hukeri Police Station, one Basavaraj was proceeding on his motor bike bearing No.KA-49/H-7356 by following traffic rules and at that juncture, a car bearing No.MH-04/Y-7152 came from Ghataprabha towards Hukeri i.e., from opposite direction in rash and negligent manner and dashed against the said motorcycle, whereby said Basabaraj (hereinafter referred to as 'deceased' for short) sustained grievous injuries and died on the spot. It is further contended that deceased was the bread winner of the family and claimants were the dependant of the income of the deceased.