LAWS(KAR)-2015-10-108

POOJA AND ORS. Vs. REVAPPA AND ORS.

Decided On October 28, 2015
Pooja And Ors. Appellant
V/S
Revappa And Ors. Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award in M.V.C. No. 1982/2011 dated 16.08.2012 on the file of the II Additional District and Sessions Judge and MACT -III, Belgaum.

(2.) THE appellants/claimants are the daughters of one Yellappa. On 25.03.2011, the deceased Yellappa was riding his M -80 motorcycle bearing registration No. KA -22/J -8052 on Belgaum -Khanapur road. His wife was a pillion rider. At about 7.20 p.m., when he reached Gogate circle on the said road, the offending truck being driven in a rash and negligent manner dashed against the motorcycle resulting in the death of Yellappa and his wife Gangubai on the spot.

(3.) THE respondent -Insurance Company has entered appearance and filed its written statement. The parties have let in evidence in support of their respective contentions. On appreciation of the materials on record, the Court below has held that the cause of accident was the rash and negligent driving of the offending vehicle by its driver. The Court below in all has awarded compensation of Rs. 6,95,000/ -.