T SAROJA Vs. R CHENNAKESAVAIAH

JUDGEMENT

(1.) The appellants have filed this appeal challenging the judgment and award passed by the Civil Judge (Sr.Dn.) & MACT, Virajpet, dated 12-11-2010 in MVC No.229/2008, wherein the claim petition filed by the claimants was dismissed against the Insurance Company and saddled the liability on the driver of the vehicle. The appellants are also questioning the quantum of compensation awarded by the Tribunal.

(2.) We have heard the learned counsel appearing for both the parties.

(3.) The facts leading to this appeal are as hereunder:- Appellant No.1 is the widow and appellant No.2 is the son of one M.C.Shivanna who died in a road traffic accident occurred on 05-08-2008 at about 5.30 p.m. According to the claim petition, appellant No.1 is the registered owner of the car bearing Registration No.KA-01-Z-346 which was driven by one R.Chennakeshavaiah who was the regular driver of the first appellant. First appellant's husband M.C.Shivanna was sitting at the rear seat of the car, when the car was near Prashanth Nagar, 5th Main, 9th Cross, a motor cycle came from the left side of the car without showing any signal. Therefore, when the driver of the car took the vehicle to the right side, he lost his control over the car and dashed against the road side tree. As a result of which, the first appellant's husband sustained grievous injuries. He was immediately shifted to Shobha Nursing Home, later shifted to Hosmat hospital, Bangalore. He was there as an inpatient from 05-08-2008 to 16-08-2008 and again he was admitted to Gayathri Hospital, Bangalore on 13-10-2008 and he succumbed to the injuries on 15-10-2008 in the hospital.