K. VANITA Vs. L. G. BROTHERS LORRY SERVICE

JUDGEMENT

(1.) M.F.A. No. 101225/2019 has been preferred by the appellant-Insurer whereas M.F.A. Cr. Ob. No. 100087/2019 has been preferred by the appellantsclaimants, both challenging the judgment and award passed by the learned XI Addl. Dist. Judge & AMACT, Belagavi in M.V.C. No. 1/2018 dated 27.11.2010.

(2.) We have heard the learned counsels appearing for the parties. Though these cases are listed for admission, with the consent of learned counsels appearing for the parties, the same are taken up for final disposal.

(3.) The facts in brief as contended by the petitioners before the trial Court is that, on 25.09.2017 at about 8.15 PM Sangamesh Shivappa Kolhar while proceeding on his motorcycle bearing No. KA-22-X-4799 from Central Bus stand towards Hanuman Nagar along with his wife as a pillion, the said Sangamesh was riding the motorcycle on the left side of the road. When they reached on BelagaviKhanapur road near Chennamma circle, a lorry bearing regn. No. hr-55-m-6642 came rashly and negligently and dashed against the motorcycle on which the said Sangamesh was proceeding along with his wife. As a result of the same, they fell down and sustained grievous injuries including the head injury and died on the spot. For having lost her husband and father of petitioners 2 and 3, the claim petition came to be filed.