GANGAMMA Vs. K. RUKAMAYA

JUDGEMENT

(1.) THOUGH the matter is listed for orders, by consent of the parties, the appeal is heard on merits.

(2.) THE present appeal is filed by the claimants being not satisfied with the judgment and award passed by the MACT, Tumkur, dated 10.01.2013 passed in MVC No.929/2011. The appellants were claimants before the court below. The first appellant is the widow, appellant Nos. 2 and 3 are the daughters and appellant No.4 is the mother of the deceased Gangaiah who died in a road traffic accident occurred on 02.05.2011.

(3.) ACCORDING to the petition averments, Gangaiah was a pillion rider of motor cycle bearing KA.06 -U -2726. Rangaswamy, PW2 was the rider of the motorcycle. They were proceeding from Yediyur towards Kunigal side. From the opposite direction, a car bearing No. KA.19 -MB -3033 was coming in a rash and negligent manner and dashed against the motor cycle. As a result of which the deceased sustained fatal injuries and he was shifted to Government General Hospital, Tumkur and succumbed injuries on 25.05.2011. Therefore, the claim petition was lodged. Claimants contended that the deceased was a mason earning a sum of Rs.10,000/ - to Rs.11,000/ - per month. He was the sole bread earner of the family. The owner of the car did not contest the matter. The insurance company contested the matter contending that the claim petition is lodged in collusion with the police and that the driver of the car was not responsible for the accident occurred.