SRI GAVIYAPPA AND ANOTHER Vs. NATIONAL INSURANCE CO. LTD., NO. 1628, KAIKINI ROAD, KARWAR, NORTH CANARA, KARNATAKA AND OTHERS

JUDGEMENT

(1.) This appeal is by the claimants in MVC No.4682/2009 on the file of the MACT, Bengaluru (SCCH.13) (for short, "Tribunal") impugning the common judgment and award dated 27.2.2012 by which the claim petition in MVC No.4682/2009 as well as the claim petition in MVC No.5776/2009 are considered and adjudicated upon.

(2.) The claimants in MVC No.4682/2009, who are the parents of the deceased Suresh presented a claim petition under Section 163-A of the Motor Vehicles Act, 1988 asserting that their son, Suresh died in a road accident while he was riding the motorcycle bearing No.KA-41/3322 with a pillion rider. They asserted that the accident was a collision between the motorcycle being ridden by the deceased and lorry bearing No.KA-50 27.

(3.) The Tribunal by the impugned judgment and decree has awarded a total compensation of Rs. 4,12,500/- including a sum of Rs. 4,08,000/- towards loss of dependency to the claimants, and the Tribunal while deciding on the liability, concluded that the accident was a result of contributory negligence of both the deceased and driver of the lorry in question and directed the Insurance Companies of the two wheeler and the lorry to deposit such amount within a period of 30 days.