Indian Kanoon - Search engine for Indian Law

The insurer and the claimants being aggrieved by the judgment and award dated 30.10.2018, passed in MVC.No.509/2017, by the Addl. Civil Judge Senior Division and II Addl. MACT, Karwar, have filed this appeal and Cross Objection.

2. It is the case of the claimants before the tribunal that on 24/6/2017 at about 19.30 hours the deceased Prakash Buddu Naik was proceeding from Majali side by walk towards Sadashivagad. On the left side of the road. In the meantime, a motorcycle bearing No.KA-30-U-3138 came from Goa side towards Karwar being driven by its rider with great speed and in a rash and negligent manner and dashed to the deceased. Due to this impact, he fell down on the road and sustained grievous injuries. Immediately, he was shifted to the District Civil Hospital, Karwar. However, he died while under treatment due to severe injuries sustained by him in the accident. The deceased was doing PWD Contractor, Forest Contract Insurance Agency, Adviser of Exide Life Insurance Company and earning Rs.20,000/-p.m. The entire family members were depending on his earning. He was only bread earner of the family. Due to untimely death of the deceased, the entire family members are facing miserable situation. Therefore, they claimed compensation against the owner and insurer of the offending vehicle.