PILLASWAMY S/O SRI BYRAPPA Vs. NATIONAL INSURANCE CO. LTD., SUBHARAM COMPLEX, M.G. ROAD, BANGALORE - 560003 AND SRI PRATHIBA NO. 3963/18, 7TH CROSS, 2ND MAIN, GAYATHRINAGAR, BANGALORE - 560021

JUDGEMENT

(1.) BEING aggrieved by the Judgment and award dated 20 -3 -009 passed in MVC.No.3273/2006 by the XIII Additional Judge, Court of Small Causes, MACT, Bangalore, the claimant has filed the present appeals. Both the appeals arise out of a common accident and hence both are taken up for consideration together.

(2.) THE appellant in MFA No.5010/2009 is the husband and two children of the deceased and the appellant in MFA No.5039/2009 is the husband. The case of the claimant -husband is that the he was taking the deceased on a motorcycle in 23 -4 -2006 at about 5.45 a.m. on his motorcycle bearing No. KA -50 -E -827 on the Bangalore -Bellary Road, a Maruthi car bearing No.KA -04 -P -280 came in a rash and negligent manner and dashed against the motorcycle. As a result of which the wife of the appellant in MFA No.5039/2009 fell down and died. The appellant also sustained grievous injuries. Under these circumstances the appeals were filed by the husband and children of the deceased. The Tribunal by the impugned Judgment dismissed both the Petitions on the ground that the accident was not proved. Aggrieved by the same, these two appeals are filed.

(3.) ON the other hand, Sri Lingaraj, the learned counsel appearing for the respondents defends the impugned order.