SHRIRAM GENERAL INSURANCE CO. LTD. Vs. SRIDEVI

JUDGEMENT

(1.) The present respondent No.1 as a claimant had instituted a claim petition under Sec. 166 of the Motor Vehicles Act, 1988 (hereinafter for brevity referred to as the 'M.V. Act') in MVC No.41/2017 before the Senior Civil Judge and MACT, Lingasugur (hereinafter for brevity referred to as the 'Tribunal') seeking compensation of a sum of Rs.28,00,000.00 towards the alleged death of her husband one Sri Satyanarayana in a road traffic accident said to have been occurred on 23/7/2015.

(2.) The summary of the contention of the claimant before the Tribunal was that on 23/7/2015, while her husband deceased Satyanarayana was going on his motor cycle bearing Reg.No.KA-33/G-2908 along with a pillion rider on Lingasugur-Gurugunta road, near Goudur cross, Gurugunta, the respondent No.1 in the claim petition who is the respondent No.2 herein, being the driver of the motor vehicle TATA ACE bearing Reg.No.KA-36/A-317 coming from the opposite direction, driving his vehicle in a rash and negligent manner, dashed to the motor cycle of the deceased, due to which road traffic accident, the rider Satyanarayana sustained grievous injuries and succumbed to it before taking him to the hospital.

(3.) Before the Tribunal, respondent Nos.1 and 2 were placed exparte. The respondent No.3 appeared through their counsel and contested the matter. The claimant got herself examined as PW-1 and got marked the documents from Exs.P-1 to P-15. From the respondents' side two witness were examined as RW-1 and RW-2 and the documents from Exs.R-1 to R-8 were exhibited.