SHRIRAM GENERAL INS. CO. LTD. Vs. BABI
LAWS(KAR)-2020-8-304
HIGH COURT OF KARNATAKA
Decided on August 28,2020

Shriram General Ins. Co. Ltd. Appellant
VERSUS
Babi Respondents




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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