RELIANCE GENERAL INSURANCE CO LTD Vs. BABUSAHEB

JUDGEMENT

(1.) Both these appeals have been filed by the appellant Insurance Company challenging the common judgment dated 8.1.2016 passed in MVC Nos. 162/2015 and 132/2015. Hence, both these appeals are disposing of, by this common judgment.

(2.) The claimants who are the parents and parents-in-law of the deceased son and daughter-in-law. The facts as submitted by the learned counsel for the appellant that the accident occurred on 20.1.2015 the claimants namely the parents of the deceased son who also parents-in-law and daughter-in-law have filed the claim petition. The deceased son and daughter-in-law were proceeding in motorbike No.KA-36/EE-6948 and they died in motor vehicle accident. In the claim petition the owner of the lorry has been made as a party, he remained ex.parte. It was the case of the claimants that 1st respondent who is owner of the lorry caused the accident by its driver who rash and negligent. The Respondent Insurance Company filed written statement and taken plea that the deceased themselves have contributed for their negligence, accordingly the claim petitions are to be rejected against the Insurance Company.

(3.) On the basis of the plea of both the parties, the Tribunal has framed issue namely "Whether petitioners prove that, accident dated 20.1.2015 was due to rash and negligence of respondent No.1 driver of lorry bearing No. KA-44/0433 resulting in the death of Mahebubsab and Haseenabegum - Issues have been answered in favour of the claimants.