DIVISIONAL MANAGER NATIONAL INSURANCE COMPANY LTD Vs. PARASURAM

JUDGEMENT

(1.) This appeal being listed for admission is taken up for final hearing with the consent of the learned counsel for the parties. The Insurance Company is aggrieved by the impugned judgment and award by the dated 21.02.2015 in MVC.No.185/2012 by the Senior Civil Judge and Additional MACT at Shorapur sitting at Shahapur Tribunal's (for short, 'the Tribunal'). The Insurance Company is aggrieved insofar the Tribunal's finding as regards the negligence of the driver of the Mahindra Jeep bearing Reg.No.AP-05-C-6471 and the grant of compensation granted to the claimant, who is the younger brother of deceased-Yallappa. The Tribunal vide the impugned judgment and award dated 21.02.2015 has allowed the claim petition filed by the younger brother of the deceased-Yallappa awarding a sum of Rs.08.09,000.00 along with interest at the rate of 6% per annum from the date of petition till its realization.

(2.) The deceased - Yallappa and his friend Rayappa were proceeding on the motorcycle bearing Reg.No.24-J-3615 from Shahapur to Rabbanalli village, on 21.11.2011, when they met with an involving the Mahindra Jeep bearing Reg.No.AP-05-C-6471 (for short, 'the offending vehicle') coming from the opposite side. Both Yallappa and Rayappa died on the spot.

(3.) The younger brother of the deceased- Yallappa has filed a claim petition for compensation arraying the owner of the offending vehicle and its insurer as respondents alleging that the accident was because of rash and negligent driving by the driver of the offending vehicle. He has asserted that deceased- Yallappa was an earning member of his family comprising of himself and the deceased - Yallappa, and he was dependent on the income of the deceased- Yallappa. He has also asserted that the deceased was earning Rs.6,000.00 per month as agriculturist and agriculture labour. The owner and Insurance Company have filed their objections contending that the accident was because of the rash and negligent riding of the rider of motorcycle, Sri. Rayappa. The Claimant being the younger brother of the deceased-Yallappa, cannot be his dependent.