ANJANAPPA, S/O RAMAPPA; LAKSHMAMMA, W/O ANJANAPPA Vs. RAGHAVENDRA, S/O YALLAPPA VASTER; ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) This is a claimants' appeal questioning the finding of the Tribunal regarding the contributory negligence of the deceased in the accident.

(2.) The deceased Sri. Rama Murthy was riding the motorcycle bearing Registration No. KA-04/EA-8088 on Veerasagara Main Road, Veerasagara on 10.09.2008 at about 8.30 a.m. A Tempo bearing No. KA-03/C-454 in a rash and negligent manner driven by its driver came from the opposite direction and dashed against the motorcycle. As a result, rider of the motorcycle fell down, sustained grievous injuries and subsequently succumbed to the injuries in the Hospital on the way to M.S. Ramaiah Hospital. On the date of the accident he was aged about 23 years, he was earning a sum of Rs.6,000/- p.m. as he was working as a Car Driver and he was a Bachelor. Therefore, his father and mother preferred a claim petition claiming a sum of Rs.20,00,000/- as compensation.

(3.) After service of notice, the owner of the tempo filed written statement contesting the claim. He contended the accident was on account of rash and negligent driving by the Driver of the motorcycle and therefore, he is not liable to pay any compensation. The Insurance Company has also filed its written statement, contested the claim on the very same ground. However, they did not dispute the insurance coverage to the vehicle, the accident and the death on account of the accident.