NEW INDIA ASSURANCE COMPANY LIMITED Vs. SHIVALINGAPPA

JUDGEMENT

(1.) This appeal under Sec. 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') has been filed by the Insurance Company being aggrieved by the judgment and decree dtd. 10/10/2018 passed by Senior Civil Judge and MACT, Challakere in MVC No.1203/2017.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 24/7/2017 at about 09.00 A.M., in front of Bharath Garage, NH-150(A) road, Challakere town while the deceased-Shanthamma was proceeding on motorcycle bearing Registration No.KA- 16-EG-1005 being ridden by one Santhoshkumar, as the motorcycle was hit by a School Bus bearing Registration No.KA-01-B-9752 being driven by its driver in a rash and negligent manner. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the injuries.

(3.) The claimant filed a petition under Sec. 166 of the Act seeking compensation for the death of the deceased along with interest.