AMARESH Vs. DIVISIONAL MANAGER

JUDGEMENT

(1.) Though the matters are posted in the list of admission, with the consent of learned counsel for both the parties, they are taken up for final hearing and are being disposed of by this judgment.

(2.) While the claimants have filed an appeal seeking enhancement of compensation for the death of Avinash in the motorcycle accident, the insurer has filed other appeal challenging its liability to pay the compensation.

(3.) The facts reveal that on 02.12.2008 at about 6.30 p.m., the deceased (Avinash) was pillion rider on Hero Honda Splendor motorcycle bearing registration No. KA-32/R-9295 and Sharanbasappa was riding the motorcycle. At that time, a tractor-trailer bearing registration No. KA-32/T-9873-9874 hit the motorcycle and thereby the rider and pillion rider sustained severe injuries and died. The legal representatives of Avinash who was the pillion rider, have made a claim for compensation.