DIVISIONAL MANAGER, UNITED INDIA, INSURANCE CO LTD , ENKAY COMPLEX Vs. JAYAMMA W/O HANUMANTHAPPA NYAMATHI

JUDGEMENT

(1.) The present appeal has been preferred by the appellant-insurer challenging the judgment and award dated 25.05.2012 passed by the Additional Senior Civil Judge and Additional Motor Accident Claims Tribunal, Ranebennur, in MVC No.390 of 2010.

(2.) Heard. Though the appeal is listed for admission, with consent of the learned counsel appearing for the parties, it is taken up for final disposal.

(3.) The facts leading to the case are that on 15.02010 at about 11.00 a.m. one Hanumanthappa and members of his family were travelling in an autorickshaw bearing registration No.KA.27/A-1891 from Kuppelur to Kodiyal Hospeth for Darshan of Lord Durgadevi. When the said auto was so proceeding on Kuppelur-Holeanveri road, the driver drove the autorickshaw rashly and negligently and when it came near Lingadahalli cross, he lost control over the vehicle and the vehicle went into a pothole and then dashed against a dog and then went to left side of the road and toppled down. As a result of the said impact, Hanumanthappa sustained grievous injuries and on the way to Government Hospital, Ranebennur, he succumbed to the injuries. It is contended that after the post mortem, they took the dead body to their native place by hiring a vehicle and spent Rs.30,000/- for performing the funeral and final obsequies. It was further contended that the deceased was an agriculturist and was earning more than Rs.50,000/- per month. Because of the sudden death of Hanumanthappa, they have lost the bread earner and as such the wife, daughters, son and father of the deceased filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act' for short).