K YELLAPPA Vs. N MANJU

JUDGEMENT

(1.) The appeal of the insurer is preferred aggrieved by the order of the Tribunal in fastening the liability as regards negligence and the appeal by the claimants is preferred aggrieved by the inadequacy of compensation awarded by the Tribunal, and are disposed by taking up for final disposal, after admitting the same with consent of both parties.

(2.) The facts as made out in the claim petition is that on 15.8.2013 at about 11.45 a.m., one Vijay (deceased) was proceeding as pillion rider of motor cycle bearing Registration No.KA-51-EF-0901 and when the said motor cycle had reached near GVS College, Soppahlli-Anekal Chandrapura Main Road, a TATA goods vehicle bearing Registration No.KA-51-A-5736 being driven in a rash and negligent manner approaching in the opposite direction, dashed against the motor cycle and the deceased Vijay son of Yellappa suffered grievous injuries and succumbed to the said injuries and died. In spite of medical treatment, the same being not fruitful, he died immediately thereafter. The claim petition was resisted by the insurer contending that the accident had occurred solely due to the rash and negligent riding on the part of the rider of the motor cycle, as admittedly, he was carrying two more pillion riders on the motor cycle and that the rider lost control of the vehicle and they had a fall.

(3.) After trial, the Tribunal considering the material on record, allowed the claim petition by awarding compensation of Rs.10,30,000/- on various heads: