BRANCH MANAGER Vs. BHEEMANGOUDA

JUDGEMENT

(1.) This appeal is filed under Sec. 173(1) of M.V.Act, by the Insurance Company challenging the judgment and award dtd. 3/3/2016 passed in MVC No.379/2013 by the MACT Raichur.

(2.) For the sake of convenience, parties are referred with the ranks occupied by them before the Tribunal.

(3.) The factual matrix leading to the case are that the deceased was resident of Vyakarnal village, Taluka Lingasugur. He was educated progressive agriculturist as well as milk vendor. He was the eldest son of the claimant-petitioner aged about 24 years. That on 5/7/2012, in the morning he left Vyakarnal village for attending his personal work at Mudgal town. At about 3.00 p.m. due to non-availability of the buses, he planned to go by private vehicle instead of waiting for bus. He was traveling in a passenger auto rickshaw bearing registration No.KA-36/A-3360 towards Nagalapur village along with his villagers. At about 3.30 p.m., the respondent No.1, drove the goods vehicle bearing registration No.KA-37/A-996 from opposite direction and dashed against the auto rickshaw in which the deceased was traveling, resulting in the accident. Immediately, the deceased was shifted to Government Hospital, Mudgal, wherein he was declared brought dead. The petitioner being the father of deceased filed the claim petition under Sec. 166 of M.V.Act, claiming compensation of Rs.43,00,000.00 on the ground that the entire family was depending on his income.