MANAGER, SHRIRAM GENERAL INSURANCE CO LTD Vs. RENUKAMMA

JUDGEMENT

(1.) Appeal by the insurer challenging the judgment and award dated 05.10.2013 in MVC No.72/2013 passed by the MACT & II ADJ, At Raichur.

(2.) The claimants are the wife, parents and minor of the deceased, who succumbed road accident on 19.08.201 The deceased was proceeding along with his family in a Trax bearing No.KA-36/M- 3341 on 19.08.2012 at about 1.00 a.m. when the said Trax came near Byrapura cross situated on Sirguppa- Bellary road, the driver of said Trax drove it in a rash and negligent manner while driving so an animal suddenly appeared on the road and as such the driver applied the brakes, suddenly the back door of vehicle opened and the said deceased fell on the road and died instantly.

(3.) The complaint was registered in crime No.53/2012 for the offences punishable under section 279, 304-A IPC and 183 of IMV Act and charge sheeted for the said offences. On the basis of FIR and charge sheet the death of deceased in the road accident is not in dispute. In this background, the grounds urged by the appellant that there was no motor vehicle accident is required to examined. As claimants themselves who stated and admitted that driver applied brakes suddenly, as he has to avoid the accident when Bullock came in front of the vehicle. The accident occurred and resulting death. It is his submission that it is not an under Motor Vehicle Act. He submits that to constitute an accident, there should have been a negligence on the part of the driver. It is also the case of the appellant that compensation awarded under conventional head is on higher side.