ANNAPURNAMMA Vs. ROYAL SUNDARAM ALLIANCE INSURANCE CO LTD

JUDGEMENT

(1.) Claimants as well as the registered owner of one of the offending vehicle involved in the accident in question are in appeal challenging the judgment and award of the Senior Civil Judge & MACT, Gangavathi ('the Tribunal' for short) in MVC No.49/2011 dated 13.04.2012 whereby the total compensation of Rs.3,43,000/- is awarded with interest at 6% p.a. from the date of petition till deposit, saddling the liability equally on the insurer and the owner at the ratio of 50:50.

(2.) The legal representatives of the deceased Santhosh preferred petition under Section 166 of the Motor Vehicles Act, 1988 ('the Act' for short) claiming compensation on account of the death of the said Santhosh in a motor vehicle accident, which occurred on 23.07.2009 alleging actionable negligence on the rider of the motorcycle bearing Reg.No.KA-37/K-6061 and the driver of the truck bearing Reg.No.TN-04/P- 1667. It was contended that the deceased was riding the motorcycle on the fateful day, when he came at Karatagi-Gangavathi road, near Canal road, respondent No.2 herein being the rider of the motorcycle bearing Reg.No.KA-37/K-6061 collided with the TVS motorcycle of the deceased in a rash and negligent manner, on account of which, deceased fell down on the ground. In the meantime, the driver of the truck drove the same in a rash and negligent manner, whereby the front wheel of the said truck had run over the body of the deceased, on account of which, the deceased had sustained grievous injuries and ultimately succumbed to the injuries at the spot.

(3.) For the sake of convenience, parties are referred to as per their status in M.F.A. No.24943/2012.