ORIENTAL INSURANCE CO LTD Vs. N S DEVARAJA

JUDGEMENT

(1.) This appeal under Section 110-D of the Motor Vehicles Act, 1939 has been preferred by the Insurance Company, while Appeal No. 756/ 92 has been preferred by the owner and rider of the motor cycle.

(2.) Learned Counsel appearing for the appellant in M.V.C.No.756/ 92 Sri Lingappa G., submitted and had stated in writing in the order sheet of that appeal, that in the best interest of his client, the appeal is not pressed and as such he submitted that the appeal may be dismissed as not pressed and as such that appeal No. 756/92 has been dismissed by separate order, the present appeal No. 420/92 which arises from the same judgment of motor accident Claims Tribunal, Shimoga dated 13th September, 1991 in M.V.C.No. 77/87, raises one and the sole question for determination by this Court, namely whether the Tribunal was justified and did it act according to law in holding and ordering in its award that the compensation awarded to the claimant shall be payable by respondents 1 to 3 jointly and severally, with interest at 6 per cent from the date of petition till the date of payment.

(3.) The facts for the purpose of the case are that on 11.2.1983, the claimant Kempamma and her brother Siddaramegowda with their Maternal uncle Honnagangappa were travelling in K.S.R.T.C. Bus from Bhadravathi to Machenahalli. At 1.30 p.m. the bus reached Machenahalli and they got down from the bus. After that the bus proceeded towards Shimoga. Honnagangappa was on the left side of the road and Kempamma was holding her brother - one year old child, who was standing on the foot path. At that time all of a sudden a motorcycle bearing Registration No. MEW-2005, belonging to respondent No. 1 and driven by respondent No. 2 came in a rash and negligent manner from the opposite direction and dashed against petitioner Kempamma and caused injuries to Kempamma as well as to the child Siddaramegowda. Both of them fell down and Siddaramegowda had died. The claimant asserted that she got injuries in her chin and left leg and was admitted to Mc.Gann Hospital, Shimoga for treatment and was an inpatient therein for one month 15 days. The claimant further asserted in the claim petition that the claimant underwent operation in the Hospital and there was a permanent scar on her chin and so claimed compensation to the tune of Rs. 11,000/-.