ORIENTAL INSURANCE CO. LTD. Vs. RAJU

JUDGEMENT

(1.) Aggrieved by the judgment and award in MVC.No.517/2012 dated 26.11.2014 by the II Additional M.A.C.T. and Additional District and Sessions Judge, at Bidar, the Insurer has filed this appeal. The respondents No.1 to 3 are the son and daughters of the deceased - Parvati respectively, and they happen to be the claimants. Respondent No.4 is the owner of the vehicle who was the respondent No.1 before Motor Accident Claim Tribunal, (hereinafter shortly referred as 'M.A.C.T').

(2.) The brief contention of the claimants before the M.A.C.T. was :- That on 04.08.2012 in the morning the deceased - Parvati along with her son i.e., claimant No.1 had been to their agricultural land bearing Sy.No.25/A2 situated at village Hippalgaon. After attending the work on the same day they were returning to Bidar on a motorcycle bearing Reg.No.KA-38-E-9961. The deceased was a pillion rider and her son claimant No.1 was rider of the motorcycle. At about 10.15 a.m. when they came near the land of Ramanna Bombalgi on Chambol-Janwada road, another Honda Shine motorcycle bearing Reg.No.KA-38-K-8150 driven by its rider came behind in a high speed, rash and negligent manner and hit the hind portion of motorcycle of claimant No.1. As a result the rider - claimant No.1 and the pillion rider deceased - Parvati fell down on the road and sustained grievous injuries. Immediately they were taken to the Hospital, at Bidar. On the same day the pillion rider - Parvati succumbed to the injuries.

(3.) It is further contended that the deceased - Parvathi was hale and healthy, aged about 50 years. She was a government servant working as Attender in judicial department at Bhalki and drawing monthly salary of Rs.15,919/-. The claimants contending that they being the dependents of the deceased - Parvati have filed the claim petition claiming total compensation of Rs.33,50,000/- under various heads.