GANGAMMA Vs. KRISHNA RAJ

JUDGEMENT

(1.) Aggrieved by the award dtd. 5/2/2021 in M.V.C.No.730/2017 on the file of MACT and Principal Judge Court of Small Causes, Mysuru, the claimants have preferred M.F.A.No.7209/2021 and the Insurer has preferred M.F.A.No.2206/2021.

(2.) For the purpose of convenience, the parties will be referred to henceforth according to their ranks before the Tribunal.

(3.) Claimant No.1 is the wife, claimant No.2 is the mother and claimant Nos.3 and 4 are the children of the deceased Prasadappa. On 13/2/2016 at 1.30 p.m. when Prasadappa was traveling on motorcycle bearing Engine Chassis No.MBLH10BTFHL00203 as pillion rider along with Guru @ Guruprasad within the limits of Sampigipura village, Bajaj Tempo Trax bearing Registration No.KA-20-6005 hit the motorcycle and caused accident. Due to the injuries suffered in the accident, both rider and the pillion rider suffered injuries. Prasadappa succumbed to the injuries on the same day in the hospital. At the relevant time respondent Nos.1 and 2 were the registered owner and the Insurer of the said tempo trax at the relevant time.