JUDGEMENT
A.N.KRISHNASWAMY,J. -
(1.)M.F.A.No.2284/2016 has been filed by the claimants, whereas, M.F.A.No.2322/2016 has been filed by the Sriram
General Insurance Company Limited against the judgment dated
3.2.2016 passed by Motor Accident Claims Tribunal.
(2.)Facts leading to filing of these appeals briefly stated are that on 12.12.2013 at about 12.15 noon, deceased Raju was
traveling as a pillion rider on motor cycle bearing Registration
No.KA-20-EB-3726 from Angalli towards Kadinakonda side.
When he reached near Engineering College Cross Road, Basruru-
Kundapura Road, Moodlakatte, Kundapura Taluk, the rider of the
motorcycle rode the same in a rash and negligent manner and
lost control over the same. As a result of aforesaid accident,
deceased sustained injuries and was shifted to Chinmayi Hospital
and thereafter to Adarsha Hospital, Udupi. Later, he succumbed
to injuries on 19.12.2013.
(3.)The claimants there upon filed a petition under Section 166(1) of the Act claiming compensation inter alia on the
ground that deceased was working as a Mason and used to earn
Rs.18,000/- p.m. It was further pleaded that accident took place
on account of rash and negligent riding of the motorcycle by its
rider. The claimants claimed compensation to the tune of Rs.18
Lakhs along with interest. The respondent No.2, Insurance
Company filed the objections in which the averments made in
the petition were denied. It was pleaded that the rider of the
motorcycle was not holding valid and effective driving licence as
on the date of accident. As such, the insurance company is not
liable to pay compensation.
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