LAWS(KAR)-2018-3-42

SHRIRAM GENERAL INS. CO. LTD. Vs. BABY SERE

Decided On March 21, 2018
Shriram General Ins. Co. Ltd. Appellant
V/S
Baby Sere Respondents

JUDGEMENT

(1.) MFA.Nos.2628/2016, 2629/2016, 2631/2016 have been preferred by the Insurance Company, whereas MFA.No.5655/2016 has been preferred by the claimants challenging the judgment and award, dated 8.1.2016 passed by the VIII Additional Small Causes Judge and MACT, Bengaluru (SCCH-5) in MVC.Nos.703, 704 and 705/2015.

(2.) Brief facts of the case are that on 26.1.2015 at about 10.30 p.m., Raghunatha, his wife, daughter and one Pradeep Kumar were proceeding in Bolero Jeep bearing Regn.No.KA-03-MJ-2552 driven by the said Raghunatha. When the said jeep came near Arya Edigara Mutt at Solur in Magadi Taluka, Ramanagara, a lorry bearing Regn.No.KA-09-6930 was proceeding ahead with great speed and the driver of the said lorry abruptly applied the brake and stopped the lorry without giving any indication, as a result of the same, there was a collision between the lorry and jeep at the rare portion of the lorry. In the said accident, wife of Raghunatha died on the spot and Raghunatha and his daughter sustained injuries. Immediately, they were taken to Nelamangala Government Hospital and from there Raghunatha and his daughter were taken to People Tree Hospital, Goraguntepalya, where they took treatment as inpatients.

(3.) For having suffered the injuries and due to the death of the deceased, claimants preferred claim petitions in MVC.Nos.703, 704 and 705/2015. before the Tribunal under Section 166 of the Motor Vehicles Act, 1988. It was the contention of the claimants that they suffered grievous injuries in the accident in question. It was their further contention that the deceased was running a Beauty Parlour and earning Rs.40,000/- per month and was contributing the major portion of the income to the family. Hence, they prayed for grant of compensation in the aforesaid claim petitions.