B.C. NAGARATHNA Vs. T. JAYAKEERTHI AND ORS.

JUDGEMENT

(1.) This appeal is filed against the judgment and award passed by the Senior Civil Judge & Addl. MACT, Holalkere (hereinafter referred to as ' the Tribunal for short) on his file in M.V.C.No.322/2011 dated 9.4.2013 whereby the claim petition filed by the claimant came to be dismissed.

(2.) Briefly stated the facts, the appellant herein filed a petition under Section 166 of the Motor Vehicles Act before the Tribunal. Her case was, her deceased son Vinay alias Sachin on 18.5.2011 was proceeding on a motorcycle bearing registration No.KA-16/U-7252 as a pillion rider from B.Durga towards Adanur; near Rangavvanahalli at 11.30 a.m., the rider of the motorcycle since drove the vehicle in a rash and negligent manner without observing traffic rules and regulations; the motorcycle toppled down; due to the impact, deceased Vinay fell down and sustained fatal injuries; he was taken to PHC, Chikkajajur for treatment and from there to City Central Hospital, Davangere, and then to Kasturba Hospital, Manipal. He succumbed to the injuries at Kasturba Hospital on 21.5.2011. As on the date of the accident, he was hale and healthy, was a student and was also earning Rs.8,000/- per month from agricultural operation. One lakh rupees was spent for his treatment. The accident was due to rash and negligent riding of the motorcycle bearing No.KA- 16/U-7252 by its rider. First respondent is the rider of the said motorcycle. Second respondent is the owner of the motorcycle and third respondent is the insurer. As on the date of the incident, the policy was in force and all the respondents are jointly and severally liable to pay compensation.

(3.) All the three respondents were served and filed their respective objection statements.