ICICI LOMBARD GIC LTD. Vs. LAKSHMAMMA

JUDGEMENT

(1.) These appeals are filed under Sec. 173(1) of the Motor Vehicles Act, 1988 (in short 'the Act') wherein, M.F.A.Nos.921/2016 and 922/2016 are filed by the Insurance Company and M.F.A.No.1998/2016 is filed by the petitioner challenging the judgment and award dtd. 11/9/2015 passed in M.V.C.Nos.4565/2013 and 4566/2013 on the file of II Additional Small Causes Judge and XXVIII ACMM, MACT, (SCCH-13) Bengaluru (in short 'Tribunal').

(2.) The appellant in MFA Nos.921 and 922/2016 was respondent Nos.2 and 3 respectively, respondent No.1 was the petitioner and respondent No.2 was the respondent No.1 before the Tribunal. The appellant in MFA No.1998/2016 was the petitioner, respondents were the respondents in MVC No.4565/2013 before the Tribunal. Hence for the sake of convenience parties are referred to as per their ranking before the Tribunal.

(3.) The facts in all these appeals are identical and arising out of the same accident. It is pleaded that on 24/6/2013 at about 4.14 p.m., the petitioner in MVC No.4566/2013 by name Srinivas, was riding the motor cycle bearing No.KA-04-HM-9754 along with his sisters by name Savitha, Suchitha, and Varshini on N.H.4, Tumkur-Bengaluru road. Near Lakshminarayana Bhavan Kalyan Mantapa, a car bearing Reg.No.KA-04- MH-5432 which was going ahead on the motor cycle driven in zig zag manner without giving any indication slowed down the vehicle. Due to which, motor cycle was colluded with the car, the riders fell down and sustained injuries, wherein, one Savitha succumbed to injuries on the spot and other riders were sustained simple injuries. The mother of deceased Savitha in MVC No.4565/2013 and the rider in MVC No.4566/2013 have approached the Tribunal seeking compensation.