NATIONAL INSURANCE CO., LTD Vs. BERIKAMMA

JUDGEMENT

(1.) THESE two appeals by the Insurer and by the claimant are arising out of the same judgment and award dated11/06/2008 passed in MVC No.3771/2006, by the XVI Additional Judge and Motor Accident Claims Tribunal, Bangalore City (SCCH -14), (hereinafter referred to as ' Tribunal' for short).

(2.) BY its judgment and award, the Tribunal has awarded a sum of Rs.7,80,000/ - with interest at 6% p.a., from the date of petition till the date of realization as against the claim made by the claimant for a sum of Rs.36,00,000/ -, on account of the death of the deceased Sri. T.N.Naveen Kumar in the road traffic accident.

(3.) THE brief facts of the case of the claimant are, that on 9.4.2006 at about 9.30 p.m. deceased was proceeding as a pillion rider on a motor cycle bearing No.KA.51.E.2916 along with his friend Manjunatha and Manjnatha was riding the sad bike and when they were returning to the village from Sarjapur, rider of the motor cycle rode the same in a rash and negligent manner, lost control over it and suddenly applied brakes near Weight bridge. Due to the said impact, the pillion rider fell down and sustained grievous injuries. Immediately, deceased has been taken to K.R. Hospital, but inspite of best treatment, he succumbed to the injuries on 13.4.2006.