IFFCO TOKIO GENERAL INSURANCE CO LTD Vs. DUNDAWWA

JUDGEMENT

(1.) Mfa. No. 23977/2011 by insurer, questioning non-apportionment of contributory negligence on the rider of the other vehicle involved in the vehicular accident dated 02.07.2009 involving two motorbikes, one of which is KA-23/W-6338 is insured by the appellant. The appellant is also challenging the liability fastened on it by the Tribunal to indemnify the risks of the owner of the vehicle. Whereas, MFA. Crob. No.792/2013 is filed by the family members/dependents of deceased Appasab Babu Chundhawad who died in the motor accident that occurred on 02.07.2009, seeking enhancement in the compensation awarded by the Tribunal. MFA. No. 23976/2011 is also by the insurer, questioning non-apportionment of contributory negligence on the rider of opposite vehicle and liability in respect of the above said accident. Whereas, MFA. Crob. No.747/2013 is filed by the family members/dependents of deceased Alagonda Biradar who died in the above motor accident of 02.07.2009, seeking enhancement in the compensation awarded by the Tribunal.

(2.) Both these appeals and cross-objections, since directed against the common Judgment and Award dated 29.12.2010 passed in MVC. Nos2646/2009 and 190/2010 respectively on the file of the Presiding Officer, Fast Track Court-II and Member, Additional MACT, Belgaum, for brevity ('Tribunal') are heard together and disposed of by this common judgment.

(3.) Briefly stated, the facts leading to the above cases is that on 02.07.2009, Alagonda Giramalla Biradar and Appasab Babu Chunchawad were proceeding on a motorcycle bearing No.KA-29/J-3641, Alagonda Giramalla Biradar was riding the motorcycle and Chunchawad was a pillion rider. At about 10.15 p.m, when they came near the Koligudd village on Harugeri Athani road, a motorcycle bearing No.KA-23/W-6338 ridden by its rider came from opposite direction in very high speed and rash and negligent manner and dashed to their motorcycle and caused the accident. Due to the impact, Alagonda Giramalla Biradar died at the spot and Appasab Babu Chunchawad sustained grievous injuries but succumbed to the injuries on the next day. Both of them were hale and healthy and aged 40 years. They were agriculturists by profession and also working as Goggerymen. The claimants in both the cases are widow, children and mother of the deceased persons respectively. The claim was contested by the insurer of the offending vehicle. The Tribunal, on over all consideration of the evidence adduced by the respective parties, and allowed the claim petitions filed by the claimants and awarded compensation of Rs.5,25,000/- in respect of death of Babu Chunchawade (MVC. NO. 2646/2009) and Rs.5,36,000/- in respect of death of Alagonda Biradar (MVC. No.190/2010) respectively.