KOLARAPPA Vs. K. MAHABHADRAPPA

JUDGEMENT

(1.) The claimants are before this Court in this appeal not being satisfied with the quantum of compensation awarded under the judgment and award dated 12.09.2013 passed in M.V.C. No.962/2012 on the file of the III Motor Accident Claims Tribunal at Bellary (for short 'the Tribunal'), and praying for enhancement of the compensation.

(2.) The claimants are the parents and the sister of the deceased Umesh. The claimants filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') claiming compensation for the accidental death of deceased Umesh. It is stated that on 20.08.2012, at about 12.10 p.m., while Umesh was proceeding on his motor cycle bearing registration No.KA- 16/W-1271, a bus bearing registration No.KA-16/B-7777 came in a rash and negligent manner and dashed to the motor cycle, as a result of which, Umesh sustained grievous injuries and died on the spot. The deceased was aged 22 years as on the date of the accident and he was working as an Electrician earning a sum of Rs.8,000/- per month.

(3.) On issuance of notice, respondent Nos.1 and 2 appeared and filed their written statement denying the claim averments. The insurer contended that the accident occurred due to negligent driving of the offending vehicle and also due to the negligence of the rider of the motorcycle. The insurer further contended that the liability, if any, is subject to the terms and conditions of the insurance policy.