MOHINI Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) The present appeal has been preferred by the appellant-claimant assailing the judgment and award passed by I Additional District Judge and II Additional MACT, Mangalore (DK), in MVC No.924/2014 dated 9.3.2016.

(2.) Heard. Appeal is admitted and with the consent of the learned counsel appearing for the parties, the matter is taken up for final disposal.

(3.) The brief facts of the case as averred in the petition are that on 22014 Dinesh and Vithesh @ Munna were proceeding towards Someshwara on Honda Activa motor cycle bearing registration No.KA.19 EC.7846 and the said vehicle was driven by Vithesh @ Munna and when they came near Raja Guliga Bana, Ombathukere, Ullala Village, a Tanker Lorry bearing Registration No.KA.19 C.9418 came in front of the Honda Activa and it stopped suddenly, due to the sudden application of the break by the driver of the Tanker Lorry without there being any signal, the motor cycle went and hit to the hind portion of the said Tanker Lorry and as a result of the said impact, both rider and the pillion rider fell down on the road and sustained grievous injuries and subsequently both of them succumbed to the injuries on the way to the Government Wenlock Hospital, Mangaluru.