DURGAPPA Vs. NEW INDIA ASSURANCE CO. LTD

JUDGEMENT

(1.) MFA No.10326/2012 is filed by the claimant seeking enhancement of compensation and MFA No.10187/2012 is filed by the Insurance Company questioning the findings regarding negligence as well as the quantum of compensation awarded by the Tribunal in MVC No.4919/2011 on the file of the Court of IX Addl. Senior Civil Judge, Small Causes Court, Bengaluru.

(2.) I have heard the learned counsel appearing for the parties.

(3.) The facts of the case in brief are that on 23.06.2011 at about 9.30 p.m., deceased Ravi @ Ravikumar was proceeding on his motor cycle bearing registration No.KA-04-EP-1494 on Kanakapura- Bengaluru Road, NH-209. When he was near Veerabhadreswara Petrol Bunk, the driver of the lorry bearing registration No.KA-19-B-225 by driving the same in a rash and negligent manner overtook the motor cycle and took a left turn and stopped the vehicle without giving any signal. As a result of which, the motor cycle collided with the lorry and Ravi alias Ravikumar sustained severe injuries and died on the spot.