ICICI LOMBARD GENERAL INSURANCE CO LTD Vs. INDIRA

JUDGEMENT

(1.) This miscellaneous first appeal is filed against the judgment and award dated 22.03.2012 passed by I Addl. District Judge, Member MACT-III, Dakshina Kannada, Mangalore, in MVC.No.503/2011.

(2.) The claimants who are the dependents of the deceased have filed a claim petition before the Tribunal by contending that on 03.06.2010 at about 9.00 am., the deceased Jayarama was proceeding from Bokkasandra by riding his motor cycle bearing No.KA 04 EL 8371 to attend to duty at Mandara Garments, Peenya. The deceased was riding his motor cycle slowly, carefully, observing the rules and regulations of the road on its correct side. when he reached near Vijya Rolling Mill Circle, he stopped his motor cycle and after observing both sides and ensuring that there were no other vehicles coming from either sides of the road and after giving signal and indicators just entered the TVSNTTF road. At that time, a lorry bearing No.AP 31 T 5785 driven by its driver came at high speed and in a rash and negligent manner violating the rules and regulations of the road from TVS cross side and after coming to its wrong side dashed to the motor cycle of the deceased. As a result, the deceased was thrown on the road and sustained grievous injuries. Immediately, he was shifted to the hospital, but he succumbed to the injuries. It is the contention of the claimants that the deceased was a head mechanic and was earning Rs.12,637/- per month. The claimants filed a claim petition before the Tribunal seeking compensation. The Tribunal after considering the oral and documentary evidence granted compensation of Rs.21,27,250/- with interest at 6% p.a. and fastened the liability on the respondents.

(3.) In order to substantiate their contention before the Tribunal, the wife of the deceased and other two witnesses were examined as P.Ws.1 to 3 and got marked documents as Exs.P.1 to P.32. The respondents have not examined any witnesses, but marked the document as Ex.R1-Insurnace Policy.