NATIONAL INSURANCE CO LTD , BANGALORE Vs. SEVERIN FERNANDES

JUDGEMENT

(1.) The National Insurance Company Limited has filed this appeal challenging the legality and correctness of the judgment and award dated 09-12-2013 in MVC No. 319/2011 passed by the Motor Accident Claims Tribunal and III Additional Senior Civil Judge, Mangalore, D. K. (hereinafter referred to as "the Tribunal" for short).

(2.) Respondents 1 and 2 herein had filed a claim petition contending that on 17-10-2010, while the husband of the first respondent and father of the second respondent William Furtado was proceeding on the left side of Kadoor-Bantwal State Highway, near Basavanagudi Petrol Bunk of Kukkala village, a scooter bearing Registration No. KA-19/J-6545 ridden by its rider in a rash and negligent manner dashed against Mr. William Furtado. Due to the said impact, he fell down and sustained grievous injuries. Immediately after the accident he was shifted to Father Mullers Medical College, wherein he had taken treatment as inpatient. In spite of giving best treatment, he died on 19-10-2010. The claimants claimed that, prior to the accident, the deceased was aged about 62 years, hale and healthy, he was a mason expert in digging the ring well. He was earning a sum of Rs. 20,000/- p.m. In view of death of the bread earner, the family has become destitute and sought for compensation of Rs. 21,00,000/-.

(3.) In pursuance of the notice issued by the Tribunal, though the first respondent was served with notice, he remained represented. The second respondent-insurance company filed written statment denying the entire averments made in the claim petition and also rash and negligent riding of the motorbike and sought for dismissal of the claim petition.