RELIANCE GENERAL INSURANCE CO. LTD Vs. BASAVARAJ

JUDGEMENT

(1.) The present appeal is filed by the insurance company under Section 173(1) of the Motor Vehicles Act, 1988 against the judgment and award dated 5.8.2020 passed in MVC No.774/2019 on the file of the Principal Senior Civil Judge and Addl. MACT, Saundatti (for short 'Tribunal').

(2.) Brief facts leading upto filing of the present appeal are that, on 19.1.2019 at 10 p.m., on Dharwad- Saundatti Road, near Indo-American farm, the deceased Irappa S/o Basavaraj Kamatar and his friend Nissarahmad Maktumsab Dodamani were coming on motor cycle bearing registration No.KA-24/U-8074 ridden by the deceased from Hubballi to Yadahalli village. At that time, driver of Force Trax vehicle bearing registration No.KA-49/3087 was driving the vehicle in a rash and negligent manner coming from Saundatti to Dharwad and having lost his control over the vehicle, dashed against the aforesaid motorcycle causing accident. Due to the impact, deceased Irappa sustained grievous injuries and while shifting him to KIMS Hospital, Hubballi, he succumbed to the injuries on the spot. The pillion rider of the motorcycle has also sustained grievous injuries.

(3.) Thereupon, the claimants being parents of the deceased filed claim petition under Section 166 of the MV Act seeking compensation in a sum of Rs.49,00,000/- with interest at the rate of 18% per annum on the premise that the deceased was aged about 27 years, hale and healthy prior to the accident and he was a degree holder possessing 40 acres of land and in the said land, he was doing agricultural work in hi-tech scientific modes and thereby, he was earning Rs.30,000/- to Rs.35,000/- per month. The deceased was only bread earner in his family. Due to untimely death of the deceased in the aforesaid accident which occurred on account of the rash and negligent driving of the driver of the offending vehicle in question has caused emotional and financial distress to the claimants. Hence, sought for compensation.