NEW INDIA ASSURANCE CO. LTD. Vs. MANJULA

JUDGEMENT

(1.) Both the insurer and the claimants are in appeal and cross-objection assailing the judgment and award dated 18.02.2012 in MVC No.724/2011 on the file of the Member, MACT-XII, Ballari (for short, 'Tribunal').

(2.) The insurer is in appeal contending that it is self-fall from motor cycle. As such, the insurance company would not be liable for payment of any compensation. Whereas the claimants are in crossobjection praying for enhancement of compensation not being satisfied with the quantum of compensation awarded by the Tribunal.

(3.) Brief facts of the case are that the deceased Sharanaiah Swamy was proceeding as a pillion rider on a motor cycle bearing registration No.KA-34/U-6057 and respondent No.1-Ayyappa was riding the said motor cycle. It is stated that on 6.2.2011 in the mid-night, they were proceeding from Bagewadi towards Kudadral village near Kesarakuni Camp cross. When they reached Picheswara land, respondent No.1 who was riding the motor cycle in a rash and negligent manner lost control over the motor cycle. Due to which, both rider and pillion rider fell down, in which the deceased Sharanaiah Swamy sustained severe injuries. Immediately, he was shifted to VIMS Hospital, Bellary; later he was shifted to Phoenix Hospital, Bangalore where he succumbed to the injuries on 7.2.2011. It is stated that the deceased was aged 30 years, running photo studio and earning a sum of Rs.15,000/- per month.