NATIONAL INSURANCE CO., LTD. Vs. JAYAMMA

JUDGEMENT

(1.) Appeal is directed against the Judgment and award dated 12.01.2009 passed in MVC No.4373/2007 by the MACT, Bengaluru.

(2.) In order to avoid confusion and overlappings the parties are addressed hereinafter with reference to the rankings as stood before the tribunal.

(3.) The proceedings before the Tribunal was initiated because of the accident said to have occurred on 11.06.2007, on which date at about 9.00 P.M., Chikkavenkataramappa, aged about 42 years met with an accident sustained injuries and succumbed to them. The incident is said to have happened in his Village Vokkaleri when he was returning from Bettabenejenahalli near Government Hospital wherein a Hero Honda Passion motorcycle was ridden in a rash and negligent manner rushed from wrong side on to the footpath and dashed against Chikkavenkataramappa as a result of which he sustained critical injuries and was taken to SNR hospital, Kolar, from there was shifted to NIMHANS, Bengaluru and at about 1.00 A.M. which goes to the subsequent day he succumbed to injuries.