ORIENTAL INSURANCE CO LTD Vs. K RAJAMMA

JUDGEMENT

(1.) This miscellaneous first appeal is filed challenging the judgment and award dated 12.09.2008 passed in MVC No.11/2007 on the file of Civil Judge (Sr.Dn.) & Additional CJM at Arasikere, questioning the compensation awarded by Tribunal at Rs. 4,14,600/- with interest @ 6% p.a. and fastening the liability on the insurance company.

(2.) Brief facts of the case are: the claimants have filed the claim petition before the Tribunal under Section 166 of the Motor Vehicles Act, 1989 and subsequently, got amended the said petition under Section 163(A) of the Motor Vehicles Act, 1989 (for short 'the Act') contending that deceased was riding a bike bearing No.KA-13-L-857 at the place of accident slowly and cautiously and due to heavy rain he attempted to go to the side and there was skid of vehicle. Due to the same he suffered head injury and was shifted to J.C.Hospital and then shifted to NIMHANS, Bangalore, where he succumbed to the injuries. Claimants further contended that there was no negligence on the part of deceased and the accident was due to heavy rain.

(3.) The respondent/insurance company therein took the defence that insurance company has not issued any policy to the number mentioned in the petition and there was negligence on the part of deceased and therefore, it is not liable to pay the compensation.