ICICI LOMBARD COMPANY LTD. Vs. MOHAMMED SARDAR

JUDGEMENT

(1.) This Insurer's appeal is directed against the judgment and award dated 03.12.2013 passed in MVC No.2163/2012 on the file of MACT, Court of Small Causes, Bangalore.

(2.) The claimants are parents and sisters of deceased. It is stated that on 04.08.2012 when the deceased was proceeding as a pillion rider on Motor Cycle bearing Registration No.KA 05/EP 93 on Bangalore - Kolar Road, a tempo bearing Reg.No.AP-26/Y-1046 came in High Speed, rash, negligent manner and dashed to the Motor Cycle due to which the rider of the Motor Cycle succumbed to the injuries on the spot and pillion rider sustained grievous injuries and succumbed to the injuries subsequently. It is stated that the deceased was working as an electrician, earning Rs.300/- per day which would come to Rs.9,000/- per month. The deceased was aged 23 years as on the date of accident.

(3.) On issuance of summons, respondents 1 and 2 appeared before the Tribunal and filed their objection denying the petition averments. Respondent No.1 stated that the accident occurred solely due to the negligence of the rider of the Motor Cycle and denied the negligence on the part of the driver of the tempo. It also stated that the tempo is insured with the 2nd respondent - Insurer and the policy was in force as on the date of accident. Respondent No.2 - Insurer admitted issuance of the policy in respect of the offending vehicle. The Insurer further contended that the driver of the tempo did not possess effective and valid driving licence as on the date of accident. Claimant's father examined himself as PW.1 and also examined PW.2. The documents were marked as Exs.P1 to P12. Respondents examined RW. 1 and marked the documents Exs.R1 to R4. The Tribunal based on the material on record awarded total compensation of Rs.7,76,000/- with interest at 6% p.a. from the date of petition till the date of realization on the following heads:-