NEW INDIA ASSURANCE CO LTD Vs. RUKMAVVA

JUDGEMENT

(1.) Miscellaneous First Appeal No.100775 of 2015 is filed by the appellant-insurer and Miscellaneous First Appeal No.102507 of 2015 has been filed by the appellants-claimants challenging the judgment and award dated 22.12.2014 passed by the Additional Motor Accident Claims Tribunal, Hukkeri, in MVC No.2898 of 2012.

(2.) We have heard the learned counsel for the appellants and the respective respondents.

(3.) Brief facts of the case of the petitioners before the Court below was that on 22.09.2012 at about 2.25 pm, one Kallappa Sidram Belkud was proceeding on his motorcycle bearing registration No.KA-49/J-9569 along with a pillion rider from Ghataprabha towards Hukkeri. When he came near Laxmi Nagar, the driver of the car bearing registration No.KA.25/N-16 came from behind at a great speed and in a rash and negligent manner and while overtaking another vehicle, lost control of his vehicle and dashed to the motorcycle on which the Kallappa Sidram Belkud was proceeding. As a result of the same, he sustained grievous injuries. Immediately he was taken to Government Hospital, Hukkeri and thereafter after first aid, he was shifted to Dr. Hattarki hospital, Gadhinglaj and also to KLE Hospital, Belgaum. Subsequently, he succumbed to the injuries on 24.09.2012.