BRANCH MANAGER ORIENTAL INSURANCE CO. LTD. Vs. KEMPAMMA

JUDGEMENT

(1.) This appeal under Section 173(1) of M.V. Act, 1988 is filed by the Appellant-Oriental Insurance Company Limited against the award dated 19.1.2007 in MVC No.115/2006 on the file of Civil Judge(Sr.Dn.) & MACT(for short 'Tribunal'), K.R. Pet, directing the appellant Insurance Company to satisfy the award amounting to Rs.9,51,333/- with interest at 6% p.a..

(2.) One B.S. Ramakrishnegowda was working as Assistant Master in Government Junior College at Krishnarajpet Town. He used to travel daily from his native place Ballekere village to attend the School. On 27.8.2001, after finishing his duty, he was returning to his house on a motor cycle bearing No.KA 11-J- 9846 as pillion rider from Krishnarajpet to Ballekere. The motorcycle was being driven by the rider one L.S. Hemanthkumar in a rash and negligent manner and thereby B.S. Ramakrishnegowda, the pillion rider fell down from the motor cycle and sustained grievous injuries. He was taken to Krishnarajpet General hospital and since his conditions were precarious, he was referred to B.M. Hospital at Mysore, where he succumbed to injuries, while undergoing treatment as inpatient. As such, claiming compensation of Rs.24,39,152/-, his mother, wife and two minor children filed claim petition under Section 166 of M.V. Act against the rider, owner and the appellant-Insurer of the motor cycle.

(3.) The claim petition was opposed by appellant- Insurance company denying that, the first respondent L.S. Hemanthkumar, was riding the motor cycle bearing registration No.KA-11-J-9846 with deceased B.S. Ramakrishnegowda- as the pillion rider. On the other hand, it was contended that deceased B.S. Ramakrishnegowda himself was riding the motor cycle in a rash and negligent manner and as a result the skid of motor cycle, the rider deceased B.S. Ramakrishnegowda fell into the ditch, sustained head injuries, to which he succumbed, while undergoing treatment in B.M. Hospital, Mysore. It was further contended by the Insurance company that since the deceased himself was riding the motor cycle at the time of accident, the Insurance company is not liable to pay compensation to his legal heirs and hence the Insurance company sought for dismissal of the claim petition.