ORIENTAL INSURANCE COMPANY LTD. Vs. ANNARAYA

JUDGEMENT

(1.) This appeal is filed by the insurer challenging the judgment and award passed by the Principal Senior Civil Judge and MACT No.V, Vijayapur (henceforth referred as Tribunal) dated 30.12.2015 in MVC No.1467/2012.

(2.) The judgment and award of the Tribunal discloses that the claimants are the legal representatives of Santosh, who was aged 18 years and a tailor by profession who was earning a monthly income of Rs.3,000/-. On 17.05.2010, he was travelling in a jeep bearing registration No.KA-28/P-3346. At about 00.30 hours, when the jeep was plying on Indi - Agarkhed road near the land of Huvanna Jiddimani, it dashed against a motorcycle bearing registration KA-01/G-4981. As a result Santosh died on the spot. The claimants therefore filed a claim petition under Section 163-A of the Motor Vehicles Act (henceforth referred as M. V. Act.) claiming compensation of Rs.15,00,000/-.

(3.) The insurer of the jeep contested the claim petition and denied that the accident occurred due to the negligence on the part of the driver of the jeep.