LAWS(KAR)-2022-10-539

P. SHOBHA Vs. HANUMANTHA REDDY

Decided On October 11, 2022
P. Shobha Appellant
V/S
HANUMANTHA REDDY Respondents

JUDGEMENT

(1.) Heard the learned counsel for the appellants and learned counsel for the respondents.

(2.) These two appeals are filed by the claimants challenging the judgment and award passed in M.V.C.Nos.4134/2011 and 4136/2011 dtd. 21/12/2012 on the file of the Motor Accident Claims Tribunal, Bengaluru, (SCCH-11) questioning the contributory negligence as well as the quantum of compensation awarded by the Tribunal.

(3.) The factual matrix of the case of the claimants before the Tribunal is that on 27/3/2011 at about 6.30 p.m., both the deceased were proceeding in the motorcycle as rider and pillion rider. At that time, rider of the motorcycle bearing No.KA-05-ES-2337 came from behind and dashed against the motorcycle in which the deceased were proceeding. As a result, both of them fell down. At that time, suddenly Mahindra Xylo car bearing registration No.KA-03-MK-7652 came with high speed in a rash and negligent manner and dashed against both of them. As a result, both of them succumbed to the injuries and hence, respective legal heirs have made the claim before the Tribunal.