BRANCH MANAGER, NATIONAL INSURANCE CO. LTD. Vs. LATHA

JUDGEMENT

(1.) This appeal is filed by the insurance company being aggrieved by the judgment and award dated 27.10.2014 passed by the II Additional Senior Civil Judge and Additional MACT - V, Chitradurga, wherein the claims petition preferred by the claimants - respondents has been allowed and held that the claimants are entitled to a sum of Rs.33,77,000/- as compensation.

(2.) Parties will be referred to as per their ranking before the Claims Tribunal.

(3.) The facts giving rise to filing of the appeal briefly stated are that, on 29.04.2012, the deceased Kumaraswamy after completion of his personal work at Chitradurga was returning to his village at Belagatta and he was proceeding as a pillion rider on the motorcycle bearing registration No.KA-16/V-4005, which was ridden by one Somashekharappa. At about 5.00 p.m., when the said motorcycle reached near Gonur Kereyeri, the rider of the motorcycle, Somashekharappa lost his control over the motorcycle and toppled down the same on its left side. As a result of the aforesaid impact, the accident occurred. The pillion rider - Kumarawamy and the rider of the motorcycle fell down and sustained simple and grievous injuries. The said Kumaraswamy sustained grievous head injuries and other injuries on other parts of the body. He was immediately hospitalized but he succumbed to the injuries later on. The claimants filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') on the ground that the deceased, at the time of accident was aged about 41 years and was employed as Teacher in Morarji Desai High School, Chitradurga and was drawing a salary of Rs.25,000/- p.m. The claimants accordingly claimed compensation to the tune of Rs.50,70,000/- along with the interest at the rate of 12% p.a.