KEMPEGOWDA Vs. SEENA

JUDGEMENT

(1.) These two appeals, respectively by the claimants and the Insurer are directed against the same judgment and award dated 29th July 2009, passed in MVC No.40/2007 (MVC No.1037/2007), by the Civil Judge(Sr.Dn) and JMFC, K.R.Pet, (for short, 'Tribunal').

(2.) While the claimants have filed the appeal seeking enhancement of compensation on the ground that, the compensation awarded by Tribunal is unjust, improper and needs to be enhanced, the Insurer has filed the appeal, seeking to set aside the direction issued by Tribunal to indemnify the award, on the ground that there is violation of the terms and conditions of policy and hence, they are not liable to indemnify the award passed by Tribunal.

(3.) The facts in brief are that, the claimants are the parents of the deceased Boregowda. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 4:15 P.M., on 11-06- 2006, when the deceased was travelling in Hero Honda Motor cycle, bearing Registration No.KA-14/Q-6608, on Akkihebbal-K.R. Pet Road, near land of Shivananjaiah of Haripura, at that time, a Good Carrier Tempo bearing Registration No.KA-11/6058, being driven by its driver, in a rash and negligent manner, came and dashed against the Hero Honda. Due to the impact, the deceased fell down on the road and sustained multiple injuries to head and other parts of the body and died on the spot.