UNITED INDIA INSURANCE CO. LTD. REP. BY ITS DIVISIONAL MANAGER SRI R.N. NAYAK Vs. SMT. LUVIZA FERNANDIS W/O. LATE JOHN IVON FERNANDIS AND OTHERS

JUDGEMENT

(1.) M /s. Chandru and Shekar has filed power for R4 in MFA No. 4310/2007 and the same is taken on record.

(2.) THOUGH these matters are posted for admission, by consent of parties, the appeals are heard finally.

(3.) THE facts leading to these cases are as here under: The Respondent Nos. 1 to 4 were the claimants before the MACT. One late John Ivon Fernandis died in a road traffic accident occurred on 01.03.2001 at about 5:30 p.m. On that day, deceased John Ivon Fernanda was riding his Motor Cycle bearing No. KA -15/E -2347 from Jog to Sagar. When he was near L.B. College, in front of house of one Sreenivasa Rao, a tempo trax bearing No. CAB -4664 which was coming from Sagar side in an opposite direction in a rash and negligent manner dashed against Motor Cycle of the deceased. As a result, the deceased as well as the pillion rider one G.M. Parameshwar fell on the road. Behind the motor cycle Bus bearing No. KA -14/7821 was also proceeding in the same direction. On account of the sudden fall of the deceased on the road the bus driver could not control its speed immediately and the bus ran over the body of the deceased and he succumbed injuries on the spot Therefore the claim petition was lodged.