NATINOAL INSURANCE COMPANY LTD Vs. SHANTAVVA SHANKAR KULAGOD

JUDGEMENT

(1.) Mfa No.100364/2018 has been preferred by the appellant/insurer (to avoid confusion, hereinafter referred to as "insurer") and MFA No.100538/2018 has been preferred by the appellants/claimants (to avoid confusion, hereinafter referred to as "claimants") challenging the judgment of I Addl. Senior Civil Judge, Gokak in MVC No.358/2015 dated 14.09.2017.

(2.) We have heard the learned counsel appearing for the parties in both the cases.

(3.) Facts leading to filing of the claim petition are that the deceased was proceeding on a motorcycle from Government Hospital to Kalmeshwar Circle. When he reached near SSR college of Mudalgi, the driver of Maxi Cab bearing No.KA-23/9490 came from opposite direction in a rash and negligent manner and dashed to the motorcycle, due to which the rider of the motorcycle sustained head grievous injuries and on the way to hospital, he succumbed to the injuries.