PRABHAVATHI P T Vs. SHIVAKUMAR

JUDGEMENT

(1.) This appeal by the claimants-appellants is arising out of the judgment and award dated 05/10/2011, passed in MVC No.637/2011, by the II Additional Senior Civil Judge and Additional Motor Accident Claims Tribunal-7, Shimoga, (hereinafter referred to as 'Tribunal' for short).

(2.) The Tribunal, by its judgment and award, has awarded a sum of Rs. 4,60,000/- under different heads with interest at 6% p.a., from the date of petition till its deposit fixing contributory negligence in the ratio of 25:75 i.e. 25% on the part of the deceased and 75% on the part of the driver of Tipper Lorry bearing Reg.No.KA.15.5393 and directed the Insurer of the lorry to deposit 75% of the award amount i.e. Rs. 3,45,000/- with interest.

(3.) The appellants are the wife and children of the deceased Sri. D.Shekarappa. They filed a clam petition before the Tribunal under Section 166 of MV Act, claiming compensation against the driver, owner and Insurer of Tipper Lorry, on account of the death of the deceased, contending that on 7.1.2011 at about 10.30 a.m. deceased was proceeding in his Hero Honda Motor cycle bearing Reg.No.KA.06.S.8991 from Ayanur Kote towards Shimoga on NH 206 on the left side of the road and when he came near Byaranakoppa village, at that time, the driver of the Tipper Lorry bearing Reg.No.KA.14.5393 suddenly stopped the lorry without giving any signal. Due to which, the motor cycle of the deceased came in contact with the hind portion of the lorry, due to which, deceased sustained injuries and fell down. Immediately, he was taken to Mc.Gann Hospital, on the way, he was declared as dead.