LAWS(KAR)-2018-4-341

ICICI LOMBARD GENERAL INSURANCE COMPANY LTD Vs. THOLASAMMA

Decided On April 27, 2018
ICICI LOMBARD GENERAL INSURANCE COMPANY LTD Appellant
V/S
THOLASAMMA Respondents

JUDGEMENT

(1.) Mfa No.3704/2017 and MFA No.3706/2017 have been filed by the appellant-Insurer and MFA No.9294/2017 and MFA No.9293/2017 have been filed by the appellants-claimants, being aggrieved by the judgment and award passed by MACT, Bengaluru in MVC Nos.361/2016 and 362/2016 dated 17.12.2016.

(2.) Heard. Though the appeals are posted for admission, with the consent of the learned counsel for both parties, the same are taken up for final disposal.

(3.) The brief facts of the case are that on 12.12.2015 at about 11:45 p.m., Manjunath and Nagaraj were proceeding on a motor cycle bearing Registration No.KA-04-EY-7841 and the said motor cycle was rode by Manjunath and Nagaraj was the pillion rider. When they were proceeding on National Highway 4, near T. Dasarahalli, a lorry bearing Registration No.MH-04-GF-9419 came from behind in a rash and negligent manner and dashed to the said motor cycle. As a result of the said impact, both sustained grievous injuries and succumbed to the injuries on the spot. A criminal case was also registered as against the driver of the offending vehicle.