DIVISIONAL CONTOLLER, NWKRTC Vs. GANGAVVA

JUDGEMENT

(1.) Though the appeal is listed for admission, with consent of learned counsel on both sides, the same is heard for final disposal. This appeal is by the insurer, challenging the Judgment and Award dated 29.12.2009 passed in MVC. No.1216/2008 on the file of the Member, MACT, Belgaum, passed in a claim petition filed U/S. 163-A of the M.V. Act.

(2.) Briefly stated, the claim petition was filed by the mother of the deceased Raghavendra, contending that on 13.02.2008 at about 12-40 p.m, the deceased was riding his motorcycle bearing No.CTS.9498 on Hilkal dam Hatageri road near Sultanpur cross with his mother-claimant herein as pillion rider the offending bus No.KA-25/F-2419 of NWKRTC., came from opposite side driven in a rash and negligent manner by its driver and dashed against the motorcycle. Due to the impact, they fell down and suffered fatal injuries and the rider of motorcycle succumbed to the injuries. At the time of accident, he was earning Rs.3,500/- per month. Hence, she filed a claim petition.

(3.) The claim petition was contested by the insurer. The Tribunal, on over all assessment of the material on record capitalized the compensation payable at Rs.3,56,676/-.