K.GANAPATHI BHAT Vs. RAMANANDA BHAT

JUDGEMENT

(1.) Claimants have called in question the legality and validity of the judgment and award dated 11.02.2011 dismissing MVC 682/2009 of the District Judge and Member, MACT, Udupi, (for short "MACT") .

(2.) One Smt.Gayathri Bhat, wife of first appellant and mother of appellants 2 and 3 as well as first respondent claimed to have been a pillion rider, on 15.10.2008, at about 6 p.m. on the motorcycle bearing certificate of registration KA-20/U-7425 belonging to first respondent none other than her son, is said to have caused the accident whence Gayathri Bhat, aged 60, fell off the motorcycle, suffered grievous injuries and despite treatment, succumbed to injuries, after five days. In the claim petition under Section 166 of the Motor Vehicles Act, 1988, appellants asserted that the deceased was alive when the accident occurred and shifted to KMC Hospital, Manipal, by the first respondent and died on 20.10.2008. The first respondent, it is said, did not lodge a complaint but the 2nd appellant son of the deceased is said to have lodged the complaint on 17.10.2008 following which FIR was filed and the motorcycle seized on 18.10.2008 at the place of accident, with damages to the head light, rear side indicator light and front mud guard, as indicated in the motorcycle Inspector's report. Further asserting that the deceased was earning Rs. 6,000/- per month by rearing cows at her house and selling milk, sought compensation by arraying the Insurance Company as party respondent No. 2.

(3.) Claim petition was resisted by the 2nd respondent/Insurance Company denying the allegations and assertions including that of alleged accident, admission as an inpatient in KMC Hospital, Manipal, discharged on 18. 10.2008. In addition it was asserted that the first respondent before the MACT, the registered owner of the motorcycle in question having not paid additional premium to cover the risk of the pillion rider was not liable to pay compensation.