ORIENTAL INSURANCE CO. LTD. Vs. JAYARAMA SHETTY

JUDGEMENT

(1.) This appeal is by the Insurance Company - second respondent in MVC.No.507/2016 on the file of the Additional Motor Accident Claims Tribunal and Principal Civil Judge, Udupi ('the Tribunal' for short), challenging the judgment and award dated 4th July, 2018, so far as it pertains to not taking the contributory negligence on the part of the deceased.

(2.) The factual matrix of the case is that, on 18.01.2016 at about 7.45 pm., at Rampura of Alevoor village, Udupi, Moodubelle Road, Udupi, the driver of the bus bearing registration No.KA-20C-5449 drove the said vehicle in a rash and negligence manner towards Udupi from Moodubelle and dashed against the motor cycle bearing registration No.KA-20Y-4000, on which the deceased was proceeding towards Manipura from Udupi. As a result of the accident, the rider sustained grievous injuries on the head and died on the spot. Hence, claim petition is filed before the Tribunal.

(3.) In the claim petition, Respondent No.2 - Insurance Company, who is appellant herein has filed its written statement and denied the allegation of negligence on the part of the driver of the offending vehicle.