NATIONAL INSURANCE COMPANY LIMITED Vs. ASHIWINI

JUDGEMENT

(1.) The insurer-National Insurance Company being aggrieved by the judgment and award dated 27/2/2013 passed in MVC Nos.1328/2012 and 1330/2012 on the file of the Fast Track Court II and Additional MACT, Belgaum, has filed these appeals.

(2.) It is the case of the claimants before the Tribunal that on 24/6/2011 both the deceased Amruth Arjun Nejkar and Chandrakanth Annasaheb Kuthe were proceeding on motorcycle bearing registration No.KA- 22/W-6440 was ridden by the said deceased Amruth Arjun Nejkar and another was pillion rider. While they were proceedings at about 10.10p.m., infront of Ambabai Temple at Mudhal, a tata goods vehicle bearing No. MH-09/Q-6880 was abandoned on the middle of the road causing obstruction and danger without any stone guard and signallight. This being the fact, the rider of the said motorcycle Amruth Nejkar came in contact abruptly with the abandoned Tata goods vehicle. Both the rider and pillion rider sustained injuries and succumbed to the said injuries on the spot itself. The claimants in MVC No.1328/2012 are the LRs of Chandrakanth Kuthe and the claimants in MVC No.1330/2012 are the LRs of the deceased Amruth Nejkar, claimed compensation. The claimants further stated that the deceased Amrut Nejaker was aged about 31 years and was doing agriculture and earning Rs.40,000.00 per year. The deceased was contributing his earning towards his family. The LRs of the deceased Chandrakanth Kuthe have stated that he was aged about 27 years and was doing agriculture and earning Rs.40,000.00 per year and contributing his earning to his family. Due to the death of the deceased, the claimants in both the cases have been put to hardship and lost their dependency.

(3.) Both the claim petitions were filed under Sec. 163(A) of the Motor Vehicles Act against the owner and insurer of the offending vehicle.