NETHRAVATHI Vs. BHARATH

JUDGEMENT

(1.) MFA No.5178/2019 is filed by the claimants whereas MFA No.7261/2017 is filed by the Insurance Company under Sec. 173(1) of the Motor Vehicles Act, (for short, 'the Act') being aggrieved by the judgment and award dtd. 16/5/2017 passed by the MACT, Shivamogga in MVC No.1050/2013. Since the challenge is to the same judgment, both the appeals are clubbed together, heard and common judgment is being passed.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 3/6/2013 at about 4.00 p.m., the deceased Jagadeesha was proceeding on his motorcycle bearing registration No.KA-15/S-3162 along with his children on Shivamogga - Anavatti road. When they reached near Tandagunda, at that time, omni Van bearing registration No.KA-17/M3494, which was being driven in a rash and negligent manner, dashed against the motorcycle of the deceased. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the injuries on the way to the hospital.

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