BHAGYA P. AND ORS. Vs. RAVI AND ORS.

JUDGEMENT

(1.) THE claimants have filed this appeal, being aggrieved by the judgment and award dated 2nd January 2010 made in MVC No. 111/2006 passed by the Fast Track Court and Additional Motor Accidents Claims Tribunal, at Bhadravathi (hereinafter referred to as 'the Tribunal' for short), wherein the Tribunal had dismissed the claim petition filed by the appellants..

(2.) THE appellants are the wife and children of late Kumar who died in the road traffic accident occurred on 04 -12 -2005. In the claim petition, it was contended that on 04 -12 -2005, deceased Kumar was proceeding in a TVS Victor bike bearing registration No. KA -14/R -3019 towards Aralikoppa Village. When he reached Channel Bridge, a dog suddenly crossed the road. To avoid the said dog, the deceased Kumar applied sudden break and fell down from the motor bike and sustained grievous injuries. Immediately, he was taken to the Government Hospital at Bhadravathi, but he died on the way to Hospital. At the time of death, the deceased was aged about 40 years and he was an agriculturist by profession. The wife and children of the deceased have lost the bread earner of the family, hence sought for compensation of Rs. 12,25,000/ -.

(3.) THE second respondent -Insurance Company in their written statement denied the entire averments made in the claim petition and also contended that the claim petition filed under Section 163 -A of the Motor Vehicles Act, 1989 is not maintainable. The court has no jurisdiction to entertain the claim petition against the second respondent, since the deceased Kumar is not a third party and he was a rider and Tort Feasor. The insurance policy does not cover the risk of the rider of the motor cycle. The rider of the motorbike was not having valid and effective driving license at the time of accident. There is violation of policy conditions. Hence, sought for dismissal of the claim petition as against the second respondent.