UNITED INDIA INSURANCE CO. LTD. Vs. MATHURAMMA

JUDGEMENT

(1.) With respect to an accident in which one Chikkamaregouda, 38 years was killed and two other people were injured, three claim petitions were filed.

(2.) The claim petitions were resisted by the insurer and the owner of the offending vehicle, principally, on the ground that the accident occurred purely on account of the negligence of the deceased Chikkamaregouda and hence neither the insurer nor the owner of the vehicle could be made liable.

(3.) The case putforth by the claimants was that the deceased and his wife and his minor daughter were travelling in their Suzuki motor cycle bearing Registration No.KA 42 J 3166 at which time the rider of the Bajaj Pulsar motor cycle bearing Reg. No.KA 05 JD 0258 collided with their motor cycle resulting in the death of Chikkamaregouda and injuries to his wife and minor daughter.