NEW INDIA ASSURANCE CO., LTD. Vs. ANUSAYA

JUDGEMENT

(1.) Challenging judgment and award dtd. 7/12/2014 passed by I Additional Senior Civil Judge and Additional MACT, Belgaum (for short, 'tribunal') in MVC.no.1187/2010, this appeal is filed by Insurer - New India Assurance Company Ltd.

(2.) Brief facts as stated are that in an accident that occurred on 26/7/2009 between motorcycle bearing registration no.KA-22/4949, on which deceased Shekhar Fakirappa Kushnagol was riding and Truck bearing registration no.MH-09/BC- 7086, Shekhar Fakirappa Kushnagol sustained grievous injuries. He was diagnosed with L1 paraplegia with paralytic ileus. He took treatment at several hospitals and died during treatment on 4/11/2009.

(3.) Alleging that death was on account of injuries sustained in accident which occurred due to rash and negligent driving of Truck by its driver, legal representatives of deceased Shekhar Fakirappa Kushnagol filed claim petition under Sec. 166 of M.V Act, against owner and insurer of Truck.