K. V. SAVITHRAMMA Vs. M. S. VEENA

JUDGEMENT

(1.) This appeal is filed by the claimants in MVC No.442 of 2012 on the file of VI Additional District and Additional Motor Accident Claims Tribunal, Tumkur, being aggrieved by the judgment dated 31st October, 2015, dismissing the claim petition.

(2.) For the sake of convenience, the parties in this appeal are referred to as per their rank and status before the Tribunal.

(3.) Brief facts of the case are that, the claimants are the legal representatives of deceased-M.S. Srinivasa, who died in the road traffic accident on 17th October, 2011. It is the case of the claimants that on 17th October, 2011 at about 6.15 p.m., the said Srinivasa was crossing NH-206 near Government College, Tumkur and at that time, a Yamaha RX Motorcycle bearing Registration No.KA-06/R-5808 dashed to said Srinivasa and after the incident, the motorcyclist fled the spot. It is also stated in the claim petition that the injured-Srinivasa was shifted to M.S. Ramaiah Hospital and he was treated as an in-patient for a period of nineteen days, however, in spite of treatment, he succumbed to injuries on 04th November, 2011. It is further averred in the claim petition that the deceased was a Retired Junior Engineer and on account of his death, the entire family suffered loss of consortium as also monetarily. It is further stated in the claim petition that jurisdictional traffic police have registered Criminal Case against the motorcycle in Crime No.132 of 2011 for the offences punishable under Section 279, 337 of the Indian Penal Code read with Section 187 of the Motor Vehicles Act. Hence, the claimants have preferred claim petition in MVC No.442 of 2012 on the file of the Tribunal seeking compensation.