UNITED INDIA INSURANCE CO. LTD. Vs. ANITA

JUDGEMENT

(1.) Both the insurers being aggrieved by the Judgment and Award dated 18.06.2010 passed in M.V.C.No.57 of 2000 by the Additional M.A.C.T., Sirsi (for short the 'Tribunal') have filed these appeals.

(2.) It is the case of the petitioners before the Tribunal that the husband of the 1st petitioner by name Suresh Hegde was going from Sirsi to Margoa on his motorcycle No.KA-31/H-3065 belonging to respondent No.3 along with pillion rider on N.H.-17, when he reached near Dapat Maxen village one Antonio Paulo Alfonso came from the opposite direction by driving his motorcycle bearing registration No.GA-02/K-2665 in a rash and negligent manner, he tried to overtake another vehicle from the opposite side and drove the motorcycle on the extreme right side of the road and dashed against the motorcycle of Suresh Hedge. Due to the collision said Suresh Hegde and pillion rider were seriously injured and they were shifted to Panji Hospital, where Suresh Hegde succumbed to the injuries. He was in patient for 55 days and the petitioners have spent Rs.60,000/- for his treatment. The deceased was employed as Security Officer at Shridhar Detective and security agency Hubli and was earning around Rs.40,000/- per year and he was sole bread earner in his family. Due to the death of Suresh Hegde there is a loss to the entire family, loss of love and affection to petitioner Nos.2 and 3 and loss of son to petitioner No.4 and there is loss of consortium to the petitioner No.1. Hence, they prayed to award compensation of Rs.8,00,000/- by filing petition under Section 163A of the Motor Vehicles Act, 1988 (for short the 'Act') against the owners and insurers of both the vehicles.

(3.) In response to the notice, respondent Nos.1 and 3 remained absent and they were placed ex-parte. Respondent Nos.2 and 4 appeared through their counsels before the Tribunal, respondent No.2 filed written statement denying the allegations made against respondent No.1 as false and the compensation claimed by the petitioners is highly inflated, excessive and abnormal without any basis. He has denied the injuries sustained by the deceased-Suresh Hegde and that he was inpatient for 55 days and the petitioners have spent Rs.60,000/- for his treatment. He has contended that the accident was due to the fault and negligence on the part of the deceased-Suresh Hegde. He has further specifically contended that the motorcycle bearing registration No.GA-02/KA-2665 was not insured with him, hence the question of paying compensation does not arise. Therefore, he prayed for dismissal of the petition.