RELIANCE GENERAL INSURANCE CO. LTD. Vs. TAMMANNA

JUDGEMENT

(1.) Challenging common judgment and award dtd. 9/4/2021, passed by XII Additional District and Sessions Judge, Belagavi, Sitting at Gokak in MVC No.262/2019, these appeals are filed. While M.F.A.No.101494/2021 is filed by insurer challenging award of quantum, M.F.A.No.101762/2021 is filed by claimant seeking enhancement of compensation.

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

(3.) Brief facts as stated are that on 21/1/2019, Mallikarjun was riding motorcycle bearing registration no.KA-49/S-4531 on Gokak-Hidakal Dam road with one Yallappa as pillion. At About 5:00 p.m, when it was near land of one Bangennawar, driver of a Cruiser jeep bearing no.KA-24/6191 drove it in a rash and negligent manner and dashed to motorcycle. In accident, both rider and pillion sustained grievous injuries and died. Claiming compensation for his untimely death, parents and siblings of Mallikarjun filed claim petition under Sec. 166 of Motor Vehicles Act against owner and insurer of cruiser jeep.