HOMBAMMA Vs. NAYAZ PASHA

JUDGEMENT

(1.) M.F.A. No.174 of 2011 is preferred by the insurance company challenging the liability on the ground of false implication of the vehicle in the alleged accident.

(2.) M.F.A. No.10422 of 2011 is filed by the claimants for enhancement of compensation and for modification of the judgment and award dated 31.07.2010 passed in M.V.C. No.501 of 2009 by the Senior Civil Judge and Additional M.A.C.T., Kunigal (hereinafter referred to as 'M.A.C.T.', for the sake of brevity).

(3.) The brief facts leading to these appeals are that, on 25.01.2009 at about 2.00 p.m. the deceased C.Shankraiah was traveling as a pillion rider on a TVS CT Motorbike bearing Reg. No.KA-02-EY-6684 towards Jalamangala. At that time lorry bearing Reg. No.KA- 01/AC-9177 being driven by its driver in high speed, rash and negligent manner dashed against the motor bike on which the deceased was travelling as a pillion rider. As a result of the said accident, the deceased sustained grievous injuries and while taking to the hospital he succumbed to the injuries. The accident was due to the rash and negligent driving of driver of the lorry. Due to untimely death, his family members have become orphans and have lost financial support.