LAWS(KAR)-2011-3-384

NEW INDIA ASSURANCE CO. LTD. Vs. V. KRISHNA MURTHY S/O KRISHNAN NAMBOODRI, SMT. RUKMIMI KRISHNA MURTHY W/O V. KRISHNA MURTHY V. MURALIDHARAN MAJOR S/O VENKATACHARI ORIENTAL INSURANCE CO LTD.

Decided On March 14, 2011
NEW INDIA ASSURANCE CO. LTD. Appellant
V/S
V. Krishna Murthy S/O Krishnan Namboodri, Smt. Rukmimi Krishna Murthy W/O V. Krishna Murthy V. Muralidharan Major S/O Venkatachari Oriental Insurance Co Ltd. Respondents

JUDGEMENT

(1.) EVEN though this appeal is listed for admission, with the consent of both the Counsel, we have taken up this appeal for final hearing.

(2.) THIS appeal would relate to MVC No. 4296/2000. The appeal which arose out of the companion claim petition No. 6931/2005 was heard and disposed of on 10.03.2011.

(3.) IT is the case of the claimants in MVC No. 1921/2000 that the rider of the motor cycle was driving it slowly and cautiously. At that time, the rider of the motor -cycle bearing registration No. CKK -4753 came in a rash and negligent manner and hit the motor cycle bearing registration No. KA -03 -EA -3879. The resultant effect was both the riders sustained grievous injuries and both of them succumbed to the injuries. Hence, two claim petitions are filed, one by the widow and children of the rider of the motor cycle bearing registration No. KA -03 -EA -3879, which is numbered as MVC No. 1921/2000 and another by the parents of the rider of motor cycle bearing registration No. CKK 4753, which is numbered as MVC No. 4296/2000.