RELIANCE GENERAL INSURANCE Vs. ASHA L.

JUDGEMENT

(1.) This appeal is filed by the Insurance Company challenging the judgment and award dated 02.01.2016 passed in MVC No.77/2015 on the file of the Motor Accident Claims Tribunal, Bangalore (SCCH-14) ['Tribunal' for short] whereby the claim petition filed by the claimants/respondents has been allowed in part.

(2.) The claim petition was instituted by the legal representatives of the deceased Govindaraj. B.S., under Section 166 of the Motor Vehicles Act, 1988 ['Act' for short] claiming compensation, on account of the death of Sri. Govindaraj. B.S., in the road traffic accident.

(3.) The claimants had averred in the claim petition that the deceased Govindaraj while travelling as a pillion rider along with Sri. Venkatesh who was riding the motor cycle bearing No.KA-04-EV-2381 on 05.06.204, at about 8.30 a.m., met with the accident in question owing to the negligence of the driver of the private bus bearing Reg.No.KA-06-C-5312 [offending vehicle]. It was contended that due to the sudden impact of the offending vehicle ramming against the motor cycle in which the deceased was traveling, the rider and the pillion rider both fell down and sustained severe injuries. Immediately they were shifted to A.D.Giri hospital, B.G. Nagara, for first aid and then, they were shifted to Nimhans Hospital, Bangalore and thereafter they were shifted to Panacea hospital, Basaveshwarnagar, Bangalore, for further treatment. Venkatesh - rider of the motor cycle succumbed to the injuries on 7.6.2014 and Govindaraj- the pillion rider of the vehicle died due to the injuries on 9.6.2014. The claimants contended that the deceased Govindaraj was aged about 35 years and earning Rs.30,000/- per month. Due to the sudden and untimely death of the sole bread earning member, the claimants are suffering mental agony and shock.