RELIANCE GENERAL INS CO LTD Vs. CHANNARAYAPPA

JUDGEMENT

(1.) The Reliance General Insurance Company Limited filed this appeal challenging the judgment and award dated 28th December 2013 made in MVC No.1528/2012 passed by Motor Accident Claims Tribunal, Bangalore(hereinafter referred as 'tribunal').

(2.) Respondent Nos.1 and 2 herein filed a claim petition contending that their son Channakrishnappa was working as a driver. On 20.12.2012 at about 5.30 p.m., while he was proceeding on his motor bike bearing registration No.KA-53-K-7312 on the left side of Atturu gate, Jadigenahalli Hobli, a bus bearing registration No.KA-51-A-182 driven by the driver in a rash and negligent manner dashed against the motor bike, due to that, the Channakrishnappa sustained grievous injury. Immediately after the accident, he was shifted to MVJ Hospital, Hoskote and thereafter he was shifted to Victoria Hospital, Bangalore. Subsequently, he succumbed to injuries. The claimants claimed that at the time of death, deceased was aged 22 years, he was earning Rs.6,000/- p.m. as a driver and maintaining the family and in view of his death, the family has lost the bread-earner and sought for compensation. Due to the rash and negligent driving of the bus, which was insured with the Reliance General Insurance Company, the deceased died in the accident and hence respondent Nos.1 and 2 are liable to compensate the claimants.

(3.) In pursuance of the notice issued by the tribunal, the respondents entered appearance and defended the case. After trial, the tribunal held that due to the rash and negligent driving by the driver of the offending bus, the accident had occurred. The claimants are father and mother of the deceased, hence they are entitled for compensation.