SATARUPA BHATTACHARYYA Vs. MANAGER

JUDGEMENT

(1.) The claimants as well as the Insurance Company are before this court challenging the judgment and award dated 04.08.2015 passed in MVC No.4637/2013 by the Motor Accident Claims Tribunal, Bengaluru, (SCCH-13) ('MACT' for short).

(2.) The claimants had filed petition under Section 166 of the Motor Vehicles Act, 1988 ('Act' for short) claiming compensation for the death of Sri.Sayan Bhattacharya (deceased) in the road traffic accident which occurred on 26.6.2013 at about 11.10 p.m. on HSR Outer Ring Road, near Silk Board junction, when the deceased was riding his motor cycle bearing Reg.No.KA-51-EA- 4012 alleging actionable negligence on the driver of the lorry bearing Reg. No.AP-04-X-0512 (offending vehicle) duly insured with the insurer. It was averred that the offending vehicle was parked in the middle of the road negligently without taking any necessary precautions, either providing any parking indication nor following the traffic rules and regulations for parking the vehicle. On account of the said lorry being parked in the middle of the road, the deceased dashed against the lorry and fell down and sustained grievous/fatal injuries and succumbed to the same at St.John's hospital while taking the medical treatment. It was contended that the claimants were dependent on the deceased. In view of the sudden and untimely death of the deceased, they have suffered shock and mental agony in addition to the loss of dependency, loss of love and affection etc., Accordingly, compensation of Rs.1,00,00,000/- was sought under the provisions of the Act.

(3.) On service of notice by the MACT, the respondent Nos.2 and 3 remained absent and they were placed ex-parte. The 1st respondent appeared through its counsel and contested the matter by filing the written statement. The Insurance Company though disputed the petition averments, the issue of insurance policy in respect of the vehicle in question and its validity as on the date of the accident was accepted.