NATIONAL INSURANCE COMPANY LIMITED Vs. M R SHANTAMMA

JUDGEMENT

(1.) THIS appeal by the Insurance Company is directed against the judgment and award dated 26. 10. 2002 passed by the M. A. C. T. , bangalore City (S. C. C. H. 14) in M. V. 1679/00.

(2.) WE have heard the learned counsel for the appellant-Insurance company and the learned counsel for the contesting respondent.

(3.) RESPONDENTS 1 to 3 filed a claim petition, M. V. C. 1679/00 seeking compensation of Rs. 10,00,000/-towards the death of one Dhruv Kumar, husband of the 1st claimant and father of claimants 2 and 3 due to injuries sustained in a motor accident that occurred on 9-3-2000. It is the case of the claimants that as on the said date, at about 1. 10 p. m. , Dhruv Kumar along with Ramachandrappa was proceeding on a scooter bearing No. KA-07-H-9741 from Venkatapura to jangamakote on Badani Tank Bund road from west to east slowly and cautiously. At that time, a tempo bearing no. KA-40/519 came from the opposite direction in high speed and in a rash and negligent manner, and dashed against the scooter due to which the rider and pillion fell down, and Dhruv Kumar sustained injuries and later succumbed to it. It is averred that the deceased was earning Rs. 6,00/-p. m. and the claimants laid the claim petition against the respondents being owner, driver and insurer of the tempo. Respondent -2 was deleted and respondents 1 and 3 appeared and resisted the petition.