JAYANTHI Vs. MAJAMIL HUSSAIN KHAN

JUDGEMENT

(1.) Mfa No.4670/2016 has been filed by the claimants whereas MFA No.3663/2016 has been filed by the Insurance Company against judgment dated 28.03.2016 passed by the Motor Accident Claims Tribunal (hereinafter referred to as 'the Tribunal'). Since both the appeals arise from the same accident and from the same judgment, they were heard together and are being decided by this common judgment.

(2.) Facts leading to the filing of these appeals briefly stated are that on 31.05.2013 at about 1.50 p.m., deceased Narasimha Sherugar was riding his motorcycle bearing registration No.KA 20 D 2006 from Byndoor side towards Kundapura side. When he reached near Mookambika Timbers, Kirimanjeshwara Village, a lorry bearing registration No.MH 04 EL 5481 which was being driven in a rash and negligent manner and in a high speed by its driver, dashed against the motorcycle of the deceased. As a result of the aforesaid accident, the deceased sustained severe injuries and succumbed to the same.

(3.) Thereupon, the claimants filed a petition under Section 166(1) of the Motor Vehicles Act, 1988 inter alia on the ground that at the time of accident, the deceased was aged about 53 years and was employed as a Bailiff in Kundapura Court. It was further pleaded that the accident took place on account of rash and negligent driving of the offending vehicle by its driver.