SUMITHRA Vs. USMAN SHARIEF

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.) This appeal is directed against the judgment and award dated 24.06.2015 rendered by the MACT, Bengaluru in MVC No.2228/2013 awarding compensation of Rs.12,11,991/- with interest @ 6% p.a. from the date of petition, till deposit. Being not satisfied with the compensation awarded, the present appeal is filed.

(3.) The factual matrix of the appeal is that on 26.01.2013 at about 7.20 p.m., deceased S.R.Srinivasa was riding his motor cycle bearing Reg.No.KA-02-L-9978 from Nandagudi towards Siddnahalli, in a moderate speed by observing traffic rules with great care and caution on extreme left side of the road in front of police quarters Nandagudi. At that time, one goods auto bearing Reg.No.KA-01-AB-7871 driven by its driver with high speed in a rash and negligent manner dashed to the motor cycle from behind. Due to the said impact, the rider of the motor cycle fell down and sustained severe injuries all over the body. Immediately, the injured was shifted to MVJ Medical College Hospital, Hoskote and after the first aid, as per the advice he was shifted to NIMHANS Hospital for treatment and without there being sufficient treatment, he was taken back to MVJ Medical College Hospital and kept in ICU. On 29.01.2013 at about 7.20 a.m., S.R.Srinivas breathed his last in the said hospital.