B. RATHNA BHAT Vs. K. NAGESH

JUDGEMENT

(1.) In this appeal, the petitioners have challenged the order of dismissal of their claim petition by 4th Additional District Judge and Member, M.A.C.T., D.K., Mangalore ('the Tribunal' in short) by order dtd. 12/6/2014 in M.V.C. No.1479/2012.

(2.) For the sake of convenience, the rank of the parties will be referred to as per their status before the Tribunal.

(3.) The brief facts of the case is that on 10/4/2012, at about 01:00 pm at Bantwal market, Bantwal city, on Belthangady-Bantwal road, the husband of the first petitioner, father of the petitioners No.2 and 3 by name Ravindra Bhat, the deceased, while walking by the side of road, hit by Honda Activa scooter bearing No.KA-19/EV-5706, inflicting him the injuries. He was taken to Local Hospital at Bantwal and then shifted to Wenlock Hospital, Mangalore and thereafter to the Justice K.S. Hegde Hospital at Deralakatte (D.K.) for advanced treatment on 12/4/2012. In spite of the treatment, the deceased succumbed to death on 15/4/2012. The petitioners claiming that they are the dependants, approached the Tribunal seeking award of compensation of Rs.15,00,000.00. The claim was opposed by the Insurance Company, contending that the Honda Activa scooter was not involved in the accident and it has no liability to pay any compensation. After recording the evidence of the parties, the Tribunal assessed that the petitioners are entitled to compensation of Rs.3,16,000.00 under different heads, but expressed the doubt about the involvement of the Honda Activa in the accident and ultimately, dismissed the claim petition. Aggrieved by the same, the petitioners have filed this appeal on various grounds.