M R PRABHAVATHI Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) Though this appeal is listed for admission, with the consent of learned counsel on both sides, the matter is taken up for final disposal.

(2.) Being not satisfied with the quantum of compensation awarded by the Tribunal, the appellants/claimants have filed this appeal against the judgment and award dated 28.01.2015 rendered by the Addl.Senior Civil Judge & CJM, Mandya in MVC No.272/2013.

(3.) The factual matrix of the appeal is that on 9.12.2012, deceased Puttaswamy @ Manteswamy had been to Sathanur village, for calling the workers for doing wood work by proceeding in motor cycle bearing No.KA.11/L 6083 from Sathanur towards Malavalli slowly and cautiously on the left side of the road. At about 8.30 p.m., near Banasamudra gate, N.H.209, Kanakapura Malavalli Main Road, a Maruthi 800 bearing regn.No.KA.05/N 9956 being driven by its driver in a rash and negligent manner with high speed came from Malavalli towards Halagur and dashed against the motorcycle. Due to the said impact, deceased fell down and sustained grievous injuries. Immediately, he was shifted to Government hospital, Malavalli, wherein first aid treatment was given and on advice was shifted to K.R.Hospital, Mysore for higher treatment in 108 ambulance. But unfortunately, he died on the way. The accident occurred due to the rash and negligent driving by the driver of the offending vehicle, the Halagur Police registered the case in Cr.No.254/2012 for the offence punishable under Section 279 and 304(A) of IPC r/w Section 187 of IMV Act. On these grounds, the claim petition was filed before the Tribunal seeking compensation.