LAWS(KAR)-2018-1-106

MANAGER Vs. T CHANDRANAIKA S/O TAKRANAIKA

Decided On January 09, 2018
MANAGER Appellant
V/S
T Chandranaika S/O Takranaika Respondents

JUDGEMENT

(1.) Heard the learned counsel for the appellant Insurance Company and the learned counsel for the claimants-respondents 1 to 3 and perused the records.

(2.) The insurance company has preferred this appeal, challenging the quantum of compensation awarded by the Senior Civil Judge & MACT, Tarikere in M.V.C.No.497/2014 dated 24.03.2016. The only ground of challenge in this appeal is regarding the amount of Rs.7,56,000/- which has been awarded under the head 'Loss of dependency', without deducting any amount towards personal and living expenses of the deceased.

(3.) The facts of the case are that on 12.05.2014 at about 1.45 p.m., when the deceased Smt. Danibai, aged about 60 years was in the process of crossing the NH-206 road at Tarikere Town, to go to the private bus stand, Respondent No.4 who was the rider of the motor cycle bearing Registration No. KA-18/Y-6046, had rode his motor cycle in a rash and negligent manner in high speed as a result of which he had lost control of his vehicle and had dashed his vehicle against the deceased. As a result, the said Danibai fell down and sustained injuries on her head and other parts of the body and was immediately shifted to the Government Hospital, Tarikere. Thereafter, she was shifted to Mc.Gann Hospital, Shivamogga, for treatment, but however she succumbed to the injuries.