SHRIRAM GEN. INS. CO. LTD. Vs. NAGARATNA

JUDGEMENT

(1.) MFA NO.23138/2011

(2.) On 24.09.2009, the deceased Dayakara Reddy along with his wife and son was proceedings in a motorcycle bearing No.KA-36/S-5316 to attend a function in their relatives house. While they were proceeding in front of KSRTC Bus Depot in Siruguppa near Kakaiah's field at about 10:30 a.m. It is alleged that a lorry bearing Reg.No.AP-04/T- 7443 driven by its driver in a rash and negligent manner came from Siruguppa side and dashed to the motorcycle, due to which Dayakara Reddy fell on the roadside, whereas wife and son thrown on left side. It is alleged that the said lorry ran over Dayakara Reddy on account of which he suffered from grievous injuries and succumbed. It is on this basis, a claim petition had been filed and the Tribunal has allowed the claim by awarding a sum of Rs.6,75,000/-.

(3.) Sri. Nagaraj C. Kolloori, learned counsel for the Insurance Company would submit that, while doing so, the Tribunal has not appreciated three of the important facts in a proper and required manner i.e.