LAWS(KAR)-2018-3-106

SHRIRAM GENERAL INSURANCE COMPANY LIMITED, Vs. LAXMI

Decided On March 20, 2018
Shriram General Insurance Company Limited, Appellant
V/S
LAXMI Respondents

JUDGEMENT

(1.) The judgment and award dated 19.07.2016 made by the V Addl. District and Sessions Judge & VI Addl. MACT, Belagavi, in MVC No.1673 of 2013 are in chal lenge before this Court in the appeal f iled by the Insurance Company. In view of the memo dated 22.03.2018, notice to respondent No.3 is dispensed with, since he is not a necessary party nor a proper party.

(2.) In a motor vehicular accident that happened on 12.06.2013 involving a car bearing registration No.KA-49/M-2360, one Sri.Siddappa Kal lappa Katagal, who was fatal ly injured succumbed to the injuries, because of rash and negl igent driving.

(3.) The claim petition fi led under Section 166 of the Motor Vehicles Act, 1988 (for short the Act ) was resisted by the respondent-Insurance Company by f il ing Written Statement. To prove her case, the claimant No.1 examined herself as PW-1 and 13 documents were marked as Exs.P-1 to P-13. On the side of the Insurance Company, one Sri.Prabhakar Manjunath Naik, the Law Off icer, was examined as RW-1 besides one more witness as RW-2 and the documents were marked as Exs.R-1 to R11.