BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD Vs. NINGAVVA

JUDGEMENT

(1.) This appeal of the insurer arises out of the judgment and award dated 30.08.2008 passed by the III Additional Civil Judge (Sr. Dn.) & CJM, Dharwad in M.V.C. No.609/2006.

(2.) Respondent Nos.1 to 4 were the claimants and respondent Nos.5 to 7 are the legal representatives of one Suresh Katti who were arrayed as respondent Nos.1 to 3 in the claim petition before the Tribunal. The appellant was respondent No.4. For the purpose of convenience, the parties will be referred to hereafter with their ranks before the Tribunal.

(3.) One Suresh Katti was the registered owner of Bajaj Boxer motor cycle bearing No.KA-25/S-4021. On 08.09.2002, at about 8.45 p.m., one Shivabasappa @ Subhas was riding the motor cycle. Suresh Katti, the owner was the pillion rider at the time of the accident. They met with an accident near Sanshi village on Hubli- Laxmeshwar road. Due to the injuries suffered in the accident, Shivabasappa @ Subhas died on 15.09.2002 while he was on treatment in KMC Hospital, Hubli.