CHOLAMANDALAM M S Vs. MAHADEVI

JUDGEMENT

(1.) Appeal by the insurer challenging the judgment and award dated 04.09.2013 passed in MVC No.70/2012 by the Senior Civil Judge & Member MACT- IX, Basavana Bagewadi. The Tribunal has awarded compensation of Rs.6,36,400/- with interest @ 8% p.a.

(2.) There was a road traffic accident on 002011. At about 2:00 p.m. while the deceased, along with his wife and daughter-in-law, were travelling in the jeep bearing No.KA-37/M-1545 from Balaganur cross to Sasanur village, the deceased Sharanappa was sitting on the top of the jeep holding materials. When they came near Sasanur village, Government Hostel, the driver of the jeep driven the same in a very high speed, rash and negligent manner and made sudden turn due to which deceased who was sitting on the top of the jeep lost balance and fell down. As a result of which, Sharanappa sustained grievous injuries to the right ear and head. Immediately after the accident, he was shifted to Talikoti Hospital and for higher treatment shifted to Government Hospital, Bijapur. He succumbed to the accidental injuries while he was taking treatment. Hence, the claim petition has been filed.

(3.) It is the case of the claimant that due to rash and negligent driving by the driver of the jeep, accident took place. Hence, complaint was made by one Ningamma who has been examined as PW.2 and complaint was made to Basavan Bagewadi police station for the offences punishable under Sections 279, 338 of IPC and 187 of M.V.Act. It is the case of the claimant that the accident had taken place by rash and negligent driving by the driver. Since the vehicle was insured, liability was indemnified. The insured was indemnified for payment of compensation of Rs.6,36,400/-.