BASAPPA Vs. BALAPPA

JUDGEMENT

(1.) This appeal is filed under Section 173 of Motor Vehicles Act, 1988 (for short, 'M.V. Act') by the claimant challenging judgment and award dated 13 .02.2014 passed by the Presiding Of ficer, Fast Track Court-II, MACT, Belagavi (hereinafter referred to as 'the Tribunal.) in M.V.C .No .386/2013. Though the appeal is listed for admission, with consent of both parties, it is taken up for disposal. The parties shall be referred to as per their ranking be fore the tribunal, for the sake of convenience .

(2.) Brief facts as stated, leading to this appeal are that on 04.02 .2013 Smt. Siddavva was traveling on motorcycle bearing registration No. KA-49/K-1268 as a pillion rider . When the motorcycle was traveling near Ghataprabha Left Bank Canal at about 7:30 p.m., it fell into Ghataprabha Canal due to rash and negligent riding by its rider . In the accident Siddavva died. As on the date of accident, she was 35 years of age doing tailoring and milk vending works and was earning Rs.16,000/- per month. Alleging loss of dependency due to death of their daughter, parents of Siddavva have filed claim petition under Section 166 of M.V. Act against insurer and owner of motorcycle.

(3.) On service of summons, respondent-owner admitted ownership of vehicle and it being insured with second respondent. Second respondent admitted issuance of insurance policy and denied other claim petition averments.