ORIENTAL INSURANCE COMPANY LTD Vs. HAYATHBEE SIRAJ SAB

JUDGEMENT

(1.) The Oriental Insurance Company Limited has filed this appeal challenging the legality and correctness of the judgment and award dated 26-2-2015 made in MVC No. 781/2011 passed by the Motor Accident Claims Tribunal, Chikkanayakanahalli (hereinafter referred to as "the Tribunal" for short) fastening the liability on them to compensate the claimants.

(2.) Smt. Hayathbee w/o. Siraj Sab, filed a claim petition contending that while her son Dadapeer was standing in Yelanadu Bus-stand to go to Huliyar on 8-3-2010 at about 9.00 p.m, a Hero Honda Splendor motorcycle bearing Registration No.KA-44/E-258 ridden by its rider in a rash and negligent manner came and dashed against Dadapeer. Due to that, Dadapeer fell down and sustained greivous injuries all over the body. Immediately after the accident, he was shifted to General Hospital, Huliyar, subsequently he was shifted to General Hospital at Tiptur. As per the advice of the doctor, he was once again shifted to Srinivasa Hospital, Bangalore for better treatment. Inspite of giving best treatment, he died 45 days after the accident. The mother of the deceased filed a claim petition contending that he was the sole bread earner of the family. In view of death of the deceased, the family has become destitute and sought for compensation of Rs.30,00,000/-.

(3.) During the pendency of the said claim petition, the mother of the deceased also died. The brothers and sister of the deceased came on record to prosecute the claim petition.