MEENAKSHI Vs. ROYAL SUNDRAM ALLIANZ INSURANCE CO LTD

JUDGEMENT

(1.) Mfa No.1275/2016 is filed by the claimants and MFA No.8428/2015 is filed by the insurance company. Both appeals are directed against the judgment and award passed by the Motor Accidents Claims Tribunal, (SCCH-15) Court of Small Causes at Bengaluru in MVC No.3856/2014 dated 28.09.2015.

(2.) I have heard the learned counsel appearing for the appellants and the learned counsel appearing for respondent No.1/Insurance Company.

(3.) The brief facts of the case are as follows; On 03.09.2014 at about 11.45 a.m., the deceased by name Vijaya Simha was riding a motor cycle bearing registration No.MEA-8308, from Bengaluru side towards Kanakapura side. When he reached near Trimurthy temple, the driver of a Maruthi Wagon-R car bearing registration No.KA-03 MG-6726, who was proceeding from Bengaluru towards Kanakapura, without giving any signal, all of a sudden applied the brake and stopped the vehicle. On account of which, the motor cycle dashed against the hind portion of the car and the deceased fell down and suffered severe head injury and fractured injuries all over the body and succumbed to the injuries on the spot.