NATIONAL INSURANCE COMPANY LIMITED Vs. MANCHAIAHA H.B.

JUDGEMENT

(1.) Though the matter is listed for admission, with the consent of the learned Counsel for both the parties, the same is taken up for final disposal. The above appeal is preferred against the judgment and award dated 5-7-2005 passed in MVC No. 408 of 2004 on the file of Civil Judge (Senior Division) and Member, Additional MACT, Kunigal.

(2.) It is the case of the claimants that on 4-7-2004 while their son H.M. Ravikantha was proceeding towards Huliyurdurga from Bangalore along with his friend on his Yamaha Motorbike bearing Registration No. KA-02-EA-9198 via Magadi on the left side of the Magadi-Huliyurdurga Road at about 3 p.m., near Rajapura Gate the bus bearing Registration No. KA 03 C 9259 which was coming from the opposite direction driven by its driver in high speed in rash manner dashed against the motorbike and caused the accident; in the said accident, the rider of the motorbike who was the son of the claimants was fatally injured and died at the spot. It is further contended by the claimants that when their son met with the accident he was aged about 26 years working in the factory and earning Rs. 6,000/- p.m. besides getting Rs. 200/- per day as batta and was having total income of Rs. 10,000/- p.m. In the circumstances, they sought awarding of compensation from the owner and insurer of the said bus which was involved in the accident.

(3.) On perusal of the records, it is seen that despite service of notice, both the owner as well as insured have not chosen to enter appearance. In the circumstances by considering the evidence placed on record i.e., the evidence adduced by the claimants, the Tribunal deemed it fit to award a sum of Rs. 3,03,000/- with interest at the rate of 6% p.a. from the date of petition till realisation as compensation to the claimants.