RANGAPPA S/O MUNIRAMAIAH Vs. KUMAR S/O LATE DODDA RAMAIAH, MAJOR KAKTHI CARMOLORAM POST SARJAPURA ROAD, BANGALORE

JUDGEMENT

(1.) Insurance company as well as the claimants are before this court challenging the judgment and order passed by the Motor Accidents Claims Tribunal, Bangalore (Tribunal' for short) in MVC No. 4941/09 dated 28/6/2010.

(2.) The facts in brief are that on 1/6/2009 when the deceased Puttamma was proceeding as a pillion rider on motor cycle bearing Reg. No. KA-51-H-3650, met with a road traffic accident due to the high speed and rash and negligent driving of the rider of the motor cycle. The deceased fell down and succumbed to the fatal injuries on the way to the hospital. The Tribunal, after appreciating the evidence on record, awarded a total compensation of Rs. 4,98,000/- with interest at 6% p.a.

(3.) The insurer is before this court inter alia contending that the Tribunal was required to have noticed that the very basis of the claim under Section 166 of the Motor Vehicles Act, 1988, is negligence on the part of the rider of the motor cycle. No iota of material was placed on record by the claimants to indicate that the rider of the motor cycle was negligent in causing the accident. Owing to inevitable reasons, he had applied brake and the deceased who was sitting as a pillion rider fell down and succumbed to the injuries. In the absence of actionable negligence established by the claimants, the Tribunal erred in fastening the liability on the insurer, indemnifying the owner.