MANAGER Vs. KAMALAKSHA KUMAR R AND OTHERS

JUDGEMENT

(1.) The National Insurance Company Limited has filed this appeal challenging the legality and correctness of the judgment and award dated 16-4-2015 made in MVC No.355/2013 passed by the Additional Motor Accident Claims Tribunal, Shivamogga (hereinafter referred to as ' the Tribunal' for short).

(2.) Respondents 1 to 3 herein filed a claim petition contending that on 13-12-2012, son of the claimants 1 and 2 and brother claimant No.3 deceased Ranjan K. Shetty was proceeding on his Pulsar motorcycle bearing Registration No.KA-14/EA-2769 from Shivamogga towards Kanchinakatte village. While he was proceeding on Shivamogga - N.R. Road, in front of the house of Ramanna at Kanchinakatte village, the driver of the car bearing Registration No.KA-30/M-4427 drove the same in a rash and negligent manner and dashed against the motorcycle of the deceased Ranjan K. Shetty. Due to the impact, he fail down and sustained grievous injuries. However, he succumbed to injuries on the spot. In the claim petition, it was contended that at the time of death, the deceased was aged 23 years, working as a LIC agent and earning Rs.20,000/- p.m. In view of death of the deceased, the family has lost the bread earner. Hence sought for compensation of Rs.15,05,000/-.

(3.) In response to the notice issued by the Tribunal, the respondents entered appearance and filed written statement denying the rash and negligent driving of the offending Car.