ORIENTAL INSURANCE COMPANY LTD Vs. SHARADA G

JUDGEMENT

(1.) This Appeal is filed by the Insurance Company being aggrieved by the judgment and award passed in MVC. No. 2680/ 2000 dated 4.7.2003 by Motor Accidents Claim Tribunal, Bangalore (SCCH 7) challenging the liability to pay compensation.

(2.) The relevant facts of the case are that the on 17.2.2003 at about 10.45 p.m. one Muniyappa was riding scooter bearing No. KA 01/J-8690 on Hosur Lashker Road from Adugodi towards Madiwala, Bangalore. When he came near 'Pizza Corner', a pedestrian came in front of the scooter suddenly and in order to avoid an accident, Muniyappa turned the scooter towards the extreme left side of the road and dashed against the road divider and fell down and sustained serious injuries and later died in the Hospital, contending that they had lost the bread earner of the family, the legal representatives of Muniyappa filed a claim petition under Section 166 of the MV Act but later during the course of trial got the petition amended to one under Section 163-A as per the order of amendment dated 4/10/2002.

(3.) On receipt of notice from the Tribunal, Respondent No.5 herein, the owner of the scooter appeared and filed his written statement denying the accident and seeking dismissal of the petition. The appellant insurance Company filed its written statement denying the entire averments of the claim petition and specifically contending that the deceased Muniyappa was himself negligent in causing the accident. Therefore, his legal representative are not entitled to maintain the claim petition as there was violation of the terms and conditions of the policy and therefore sought for dismissal of the same.