SHRIRAM GENERAL INSURANCE CO LTD Vs. JAGADISH SHIPUR

JUDGEMENT

(1.) The claimants in MVC No.69/2012 are the brothers and sisters of the deceased, who succumbed to the motor vehicle accidental injury on 23.08.2011 while he was going to Raichur on a Hero Honda motor cycle bearing Reg. No.KA-25/EB-5610 from Dasai Camp. The deceased was working as a police constable. The complainant, who is the driver of the jeep was in between the stationed lorry and was proceeding behind the two wheeler. In the complaint he had stated that the lorry was parked in middle of the road negligently, and without any indication, thereby obstructing the normal movements of other vehicles. The complaint has been taken on record and a case has been registered against the driver of the lorry, as well as the deceased who is the rider of the motorcycle. On considering the claim petition, the Tribunal has awarded a compensation of Rs.20,000/- on the ground that the claimants have not established that they are the dependents of the deceased.

(2.) The said award has been challenged by both the claimants as well as the insurance company in MFA No.33087/2013 and MFA No.201710/2014.

(3.) The insurance company has taken a ground that the order of the Tribunal is an error wherein 50% negligence is fixed on both the driver of the lorry as well as the rider of the motorcycle. In support of the submission, the learned counsel for the appellant-insurance company submits that as per the complaint filed by the driver of the jeep, the lorry was itself parked in the middle of the road without there being any indicator, and under these circumstances, in spite of fixing 100% liability on the insurer of the lorry, the Tribunal has committed an error in fixing the liability at 50% on the insurer of two wheeler, on which the deceased was proceeding.