NEW INDIA ASSURANCE CO. LTD. Vs. NARASAMMA

JUDGEMENT

(1.) .M.F.A. No.30105/2008 has been preferred by the Insurance Company and M.F.A. Crob No.1008/2009 has been preferred by the claimants, assailing the Judgment and Award dated 18.06.2008 passed by the Principal Civil Judge (Sr.Dn.) and MACT at Gulbarga in MVC No.312/2006.

(2.) I have heard the learned counsels appearing for the contesting parties and perused the records.

(3.) The brief facts of the case of the claimants are that; on 14.12.2004 at about 7:00 p.m. Bichareddy was proceeding towards his village Adake on motorcycle bearing Reg.No.CNP 2216 on the left side of the road. When he reached near Ranjol Cross, at that time, one Hero Honda motorcycle bearing Reg.No.AP.22.G.2251 came with high speed and in rash and negligent manner and dashed to the motorcycle of Bichareddy, due to which he fell down and sustained head injury and he became unconscious. Thereafter, he was admitted to Sedam Hospital and from there he was shifted to Yashoda Hospital, Hyderabad on 15.12.2004. He was admitted as an inpatient from 15.12.2004 to 27.12.2004. On 28.12.2004 he was admitted at Sedam Hospital and he died on 29.12.2004 because of the injuries sustained by him. Wife and sons of the deceased claiming compensation have filed claim petition.