ON

07.12.2022

COMING

ON

FOR

PRONOUNCEMENT OF JUDGMENT THIS DAY, THE COURT

DELIVERED THE FOLLOWING:

3

JUDGMENT

In this appeal the Insurance Company has

challenged the judgment dated 16-01-2012 passed in

MVC.No.1263/2009 on the file of the Principal Civil

Judge, (Sr.Dn.) & Additional MACT, Udupi (hereinafter

referred to as 'Tribunal' for short).

2.

The

appellant

was

respondent

No.2,

respondent Nos.1 to 4 were the petitioners and

respondent No.5 was the respondent No.1 before the

Tribunal. The parties will be referred with respect to

their status before the Tribunal for the sake of

convenience.

3.

Heard the arguments of Sri.O.Mahesh,

learned

counsel

for

the

insurer

and

Sri.H.Pavanachandra Shetty, learned counsel for the

petitioners.

4

4.

Briefly stated the facts are that, the 1^st

petitioner was the wife, petitioner No.2 & 3 are the

minor children and petitioner No.4 was the mother of

one Ramesha, the deceased. There was an accident

on 14.06.2009 at about 11.00 a.m. between the

motor cycle bearing No.KA-20-Q-8732 and Maruti car

bearing No.KA-01-N-7860 near Kunjal Bus stop of

Aroor village, wherein the deceased was the rider of

the motor cycle and respondent No.1 was the owner-

cum-dr