RAJANNA AND SMT. PUTTAMMA Vs. NEW INDIA ASSURANCE CO. LTD. REP. BY ITS BRANCH MANAGER AND SRI R.T. SATEESH

JUDGEMENT

(1.) THE above appeal is preferred against the judgment and award dated 17.12.2008 passed in MVC No. 667/2005 on the file of the Fast Track Court -I and Addl. MACT, Tumkur. It is the case of the claimants that they are the brother and sister of one Jayamma who was aged about 35 years and was doing tailoring and house hold work earning an income of Rs. 5000/ - per month; on 22.5.2005 at about 7.30 PM when she the said Jayamma was crossing the road opposite to SVS Building, Oorukere Village on NH4, she met with an accident on account of the rash driving of the car bearing Regn. No. KA -17 -M -4159 by its driver and died. The claimants being the siblings of the said Jayamma are put to not only loss of love and affection, but, also loss of dependency as the deceased being a spinster was contributing to the expenses of the family and sought compensation from the respondents i.e., owner and insurer of the said lorry bearing Regn. No. KA -17 -M - 4159.

(2.) THE respondent/insurer in its statement of objections while denying the cause of accident and the cause of death, age and income of the victim also denied the relationship of the claimants with that of the deceased. However, it is pleaded admitting the issue of policy and has specifically contended that liability if any is subject to the terms and conditions of the policy.

(3.) THE claimants to prove their case chose to examine the brother/claimant No. 1 as PW1 and got marked documents Exs. P.1 to P. 9. On behalf of the respondents, no evidence is adduced.