NEW INDIA ASSURANCE COMPANY LIMITED Vs. SHYLA

JUDGEMENT

(1.) MFA Nos.11490/2012 and 11491/2012 are filed by the Insurance Company under Sec. 173(1) of the Motor Vehicles Act, (for short, 'the Act') and MFA Crob.Nos.4/2015 and 5/2015 are filed by the claimants under Order 41 Rule 22 of CPC being aggrieved by the judgment and award dtd. 6/10/2012 passed by the VI Addl. Judge, Court of Small Causes and MACT at Bengaluru City, in MVC Nos.1446/2009 and 1447/2009. Since the challenge is to the same judgment, both the appeals and cross objections are clubbed together, heard and common judgment is being passed.

(2.) Facts giving rise to the filing of the appeals and cross-objections briefly stated are that on 1/2/2009 at about 8.15 p.m. deceased Prakash was riding the motorcycle bearing registration No.KA-42/E-85 on Sathnur Kabbal road along with Anwar Pasha as a pillion rider. At that time, a tractor bearing registration No.KA-05/T-3702 and 1012 being driven by its driver at a high speed and in a rash and negligent manner, dashed to the vehicle of the claimant. As a result of the aforesaid accident, the rider and pillion rider sustained grievous injuries and rider died on the way to the hospital.

(3.) The claimants filed petition under Sec. 166 of the Act seeking compensation. It was pleaded that they have spent huge amount towards medical expenses, conveyance, funeral expenses etc. It was further pleaded that the accident occurred purely on account of the rash and negligent driving of the offending vehicle by its driver.