FUTURE GENERAL INDIA INSURANCE COMPANY LIMITED Vs. JAYALAKSHMAMMA

JUDGEMENT

(1.) This appeal by the Insurer is directed against the judgment and award dated 07.01.2017 passed in MVC No.2131/2016 on the file of the XVI Additional Judge, Member, MACT, Court of Small Causes, Bangalore ('Tribunal' for short).

(2.) The claimants instituted the petition under Section 166 of the Motor Vehicles Act, 1988 before the Tribunal claming compensation for the death of Sri. Boregowda in the road traffic accident.

(3.) The claimants averred in the claim petition that the on 29.12.2015 at about 8.00 a.m., while Boregowda was riding his motorcycle bearing registration No.KA-05-JJ-3040 observing all the traffic norms, near Siddaiah Puranik road, Basaveshwaranagar, Bangalore, a Car bearing registration No.KA-02-ME-1944 (offending vehicle) driven by its driver at a high speed and in rash and negligent manner, came and dashed against the motorcycle of the deceased. Due to the said impact, the deceased fell down and sustained grievous injuries. Immediately, he was shifted to Mathru Hospital, wherein first-aid treatment was given and thereafter he was shifted to NIMHANS Hospital for further treatment and again to B.G.S. Global Hospital. However, he succumbed to the fatal injuries on 30.12.2015 at about 11.45 a.m.