SRIRAM GENERAL INSURANCE COMPANY LTD Vs. KUMAR RAGHAVENDRA

JUDGEMENT

(1.) These appeals are filed under Section 173 of Motor Vehicles Act, 1988 (for short, 'M.V. Act') by the claimant challenging judgment and award dated 05 .03.2013 passed by the Presiding officer , Fast Track Court II, Member, MACT-X , Bellary (hereinafter re ferred to as 'the Tribunal' for brevity) in M.V.C.No .639/2012.

(2.) Though the appeals are listed for admission, with consent of both sides, they are taken up for final disposal. The parties shall be referred to as per their ranking before the tribunal for the sake o f convenience .

(3.) The facts leading to these appeals are that on 13.01.2012, Smt. Eramma along with others was loading trailer of tractor bearing registration No .KA-34/A-2991 and 2192 in front of Shankar Reddy's house at Devinagara camp. At about 12:15 p.m. a goods vehicle bearing registration No .KA-34/A/2856-Bolero Camper driven by its driver in rash and negligent manner dashed against parked tractor and trailer from hind side . As a result, Smt.Eramma sustained grievous in juries. She was admitted to Govt. hospital, Tekkalakota and thereafter to VIMS Hospital, Ballari. During treatment she died on 16.01.2001. As on the date of death she was 32 years of age doing coolie work and earning a sum of Rs.9,000/- p.m. Alleging loss of dependency due to death of Eramma, her minor daughter and parents filed claim petition under Section 166 of M.V. Act against driver , owner and insurer of of ffending goods vehicle .