EREGOWDA Vs. C D PRAMODALABIC

JUDGEMENT

(1.) The claimants have filed this miscellaneous First Appeal challenging the judgment and award passed in MVC No.27/2011 dated 29.02.2012 on the file of the Fast Track Court & MACT, Chikmagalur, questioning the liability fastened on the insured and quantum of compensation.

(2.) The claimants who are the parents of the deceased have claimed in the claim petition before the Tribunal contending that on 18.11.2010 at about 5.15 pm in front of the AIT Circle Bus Stand, K.M. Road, Chikmagalur, their son by name D.E.Chethan, after finishing his college was waiting for bus in order to go to hostel, at that time, the 1st respondent being the rider of the motor cycle came from Kadur side in a rash and negligent manner with excessive speed and dashed against Chethan, due to the accident Chethan fell down and sustained grievous injuries. Immediately he was taken to Holy Cross Hospital, Chikmaggalur; after first aid, he was taken to NIMHANS, Bangalore in an ambulance, where he was treated for one day as inpatient. Thereafter, he was brought back to Chikmagalur as per the advise of the doctor, on the way he succumbed to the injuries. The claim of the claimants before the Tribunal is that he was a bright student and pursuing the second year BBM degree and he was used to participate extra-curricular activities.

(3.) Respondents 1 to 3 appeared through their counsel and respondents 2 and 3 filed written statement. Respondent No.1 adopted the objections filed by the respondent No.2. Though admitted the accident but denied the allegations and contended that the accident occurred on account of negligence on the part of the deceased and further, insurance company contended that the rider of the motor cycle was not having driving licence to ride the motor cycle. Claimants in support of their claim, first claimant has been examined as PW1 and got marked Ex.P1 to P36. On the other hand, the 1st respondent got himself examined as RW1 and got marked Ex.R1 and R2. The Tribunal after considering both oral and documentary evidence, awarded compensation of Rs.2,65,000/- and fastened the liability on the rider and owner of the motor cycle.