NEELAMMA Vs. K. SHIVAREDDY

JUDGEMENT

(1.) Challenging judgment and award dtd. 30/1/2012 passed by III Additional Senior Civil Judge & CJM, Kolar in MVC No.166/2009, this appeal is filed by the claimant for enhancement of compensation.

(2.) The facts leading to filing of this appeal are that on 5/7/2009, while returning from Chinnasandra Village, Narayanaswamy was standing in bus stand at Kaddappa. At that time, a scooty bearing registration No.KA-40-K-8942 came from Chintamani side, ridden by its rider in a rash and negligent manner and dashed to him. As a result, he sustained grievous injuries. He was initially admitted to Chitamani Government Hospital and thereafter shifted to NIMHANS, Bengaluru. However, due to gravity of injuries, he died. Alleging loss of dependency, due to his untimely death, his wife, three children and father filed claim petition against owner and insurer of offending vehicle under Sec. 166 of Motor Vehicles Act claiming compensation of Rs.10,00,000.00.

(3.) On service of notice, only respondent no.2- insurer filed objections admitting issuing insurance policy to offending vehicle and coverage at time of accident. It however alleged violation of policy conditions so far as possession of effective and valid driving licence and contended that accident was not due to rash and negligent riding of offending vehicle. Claim petition was also opposed as being excessive.