MANAGER Vs. P.N. SWETHA AND OTHERS

JUDGEMENT

(1.) THIS Miscellaneous First Appeal is filed under Section 173(1) of MV act against the judgments and award dated: 10.02.2011 passed in MVC No. 174/2006 on the file of District Judge and MACT, Kodagu, Madikeri, awarding a compensation of Rs. 8,65,000/ - with interest @ 6% p.a. from the date of petition till realization. With the consent of the learned counsel for the appellant as well as the learned counsel for the respondents, this matter was heard on merits. The records of the claims Tribunal were also called for and I have perused the same.

(2.) THE case of the claimants in the Claims Tribunal is as under: - That on 22.05.2006 at about 4 p.m., the deceased P.R. Nagesh was travelling with C.N. Ashwath as a pillion rider in a motor cycle bearing registration No. MYZ -7948. When they were proceeding near Kagadikatte Bus stop, one Tata Mini Lorry bearing registration No. KA -12 -8069 came from back side with high speed in a rash and negligent manner and hit against the motor cyclists, consequently, a pillion rider P.R. Nagesh succumbed to the injuries.

(3.) THE respondent No. 1 has adopted the objection statement filed by respondent No. 2. The respondent No. 2 has filed objection statement in the claims Tribunal denying the allegation made in the claim petition.