SMT. SHIVARATHNAMMA Vs. S. NAZIR AHAMED

JUDGEMENT

(1.) The Miscellaneous First Appeal No.3043/2010 is filed by the claimants and Miscellaneous First Appeal No.2417/2010 is filed by the Insurance Company challenging the judgment and award dated 13.01.2010 passed in M.V.C.No.3427/2008 on the file of Motor Accident Claims Tribunal, Court of Small Causes at Bengaluru ('the Tribunal' for short) questioning the quantum of compensation and also the contributory negligence, respectively.

(2.) The parties are referred to as per their original rankings before the Tribunal in order to avoid the confusion and for the convenience of the Court.

(3.) The factual matrix of the case is that on 02.03.2008 at about 6:45 p.m, when the deceased Ashwatha @ Ashwath Kumar after visiting his parents was going towards Bengaluru as pillion rider of the motorcycle bearing registration No.KA-02-X-6772 ridden by one Gangaiah. When they reached near Kallugopanaalli, Bidadi Taluk, Mysuru- Bengaluru road, a lorry bearing registration No.KA-12-1723, driven by its driver in a rash and negligent manner came in high speed and dashed against the motorcycle. Due to the impact, the deceased fell down and sustained grievous injuries. Immediately after the accident, he was shifted to Primary Health Centre, Bidadi, but he was succumbed to the injuries.