BABY SHEDTHI Vs. VINAYA

JUDGEMENT

(1.) Challenging the award in MVC No.702/2012 passed by the Additional District and Sessions Judge and MACT Udupi sitting at Kundapura, the Insurer has preferred 4728/2014 and the claimants have preferred MFA No.5415/2014.

(2.) Claimant No.1 is the mother of claimants No.2 and

(3.) They filed MVC No.702/2012 claiming compensation for the death of Shekar Shetty. They contended that Shekar shetty was a bachelor and brother of claimant No.1 and he was residing with them and they were dependent on his income. They further claimed that on 26/1/2012 at 9.00 a.m. when Shekar shetty was proceeding near Avarse Co-operative society on Avarse-goli Angadi, respondent No.1 riding his motor cycle bearing registration No.KA 20 Y 1558 in rash and negligent manner so as to endanger the human life hit Shekar shetty and caused the accident. They claimed that Shekar Shetty was treated for the injuries suffered in the accident initially at Manipal Hospital and in Ajjarakadu Govt. Hospital for about three months as in-patient. Ultimately he died on 13/4/2012. They claimed that they have spent more than 2.5 lakhs for the medical expenses of Shekar shetty and Rs.50,000.00 towards his funeral expenses, transportation etc. Respondent No.2 was the Insurer of the said vehicle during the relevant period.