SHAKUNTALMMA AND ORS. Vs. SHIVANAGOUDA AND ORS.

JUDGEMENT

(1.) THESE appeals arise out of judgment and award in MVC. No. 879/2006 dated 25.6.2007 passed by the learned Civil Judge (Sr. Dn) & MACT, at Gangavathi. The appellants in MFA. 10142/2007 are the claimants. The appellant in MFA. 12226/2007 is the insurance company.

(2.) A claim petition under Section 163 -A of the Motor Vehicles Act was lodged by claimants claiming compensation on account of death of one Basayya who died in a road traffic accident occurred on 27.9.2006 at about 4.30 p.m. near Salunchimara between Gangavathi and Karatagi. The claimants are widow and minor daughter of deceased Basayya. According to petition averments, on 27.09.2006 at about 4.30 p.m. Basayya was riding the motorcycle bearing registration No. KA -37/K -8451 owned by respondent No. 1 -Shivanagouda. One Rudragouda was pillion rider. When the deceased was near Salunchimara, all of a sudden a stray dog crossed the road. In order to avoid the stray dog, Basayya lost control over the motorcycle and dashed against left side curb stones, as a result of which both rider and pillion rider died on the spot.

(3.) THE Insurance Company contested the matter. According to the Insurance Company, petition under Section 163(A) of the Motor Vehicles Act, 1989 is not maintainable since the accident occurred due to negligent driving of the rider and he is a tortfeasor and that liability cannot be fastened on the Insurance Company.