RAMANJINAPPA Vs. K.H. RAVI

JUDGEMENT

(1.) This appeal is by the claimants for setting aside the judgment and award dated 16.02.2015 passed by the Senior Civil Judge and JMFC, Doddaballapura, in MVC No. 8/2013.

(2.) To avoid confusions and overlapping, the parties are hereinafter referred with reference to their respective status before the Tribunal.

(3.) One Manu was said to be travelling on a motorcycle bearing No. KA-43-K-5566 as a pillion rider on 15.12.2011 and Shivakumar G.K. was the rider of the said motorcycle. When the motorcycle reached a place near Muthur Shivappa's land, a two wheeler TVS Moped bearing reg. No. TN-29-AA-279 suddenly rushed and turned it without passing any signal because of which, the rider of the TVS Moped and the motorcycle dashed against each other. In the process, the rider and the pillion rider suffered injuries, but Manu, who was the pillion rider of motorcycle suffered serious injuries and died on his way to the Hospital. The parents of the deceased Manu filed claim petition seeking compensation. Respondent No. 1-K.H. Ravi, owner of the vehicle is said to be the brother-in-law of Manu, apparently, has not contested the case. Respondent No. 2- National Insurance Company contended that it did not dispute the policy, but asserts that its liability would be subject to fulfillment of the terms by the owner as required under Section 134(c) of the Motor Vehicles Act and also contends that the petition is bad for non-joinder.