AND

AWARD

DATED:19.03.2011 PASSED IN MVC NO.9385/2009 ON

THE FILE OF THE VII ADDITIONAL JUDGE, AND MEMBER ,

MACT-3

COURT

OF

SMALL

CAUSES,

BANGALORE,

AWARDING A COMPENSATION OF RS.50,000/- WITH

INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL

DEPOSIT.

THIS M.F.A. COMING ON FOR HEARING THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

J U D G M E N T

This appeal is filed under Section-173(1), of the

Motor Vehicles Act, 1988 (8MV Act9 for brevity), by the

appellant - insurance company, challenging the judgment

and

award

dated

19.03.2011,

passed

in

MVC

No.9385/2009, on the file of Motor Accident Claims

Tribunal, at Bangalore.

3

Brief facts:

That on 23.08.2009 at about 9.30 a.m.,

deceased Chetan Kumar was riding motor cycle bearing

registration No.KA-05-EL-2356 along with pillion rider

Shivraj from J.P.Nagar from Kumbalgod on Nice Road.

While so proceeding on Nice Road, near Mysore Road

Junction, near Kempanna Temple deceased Chetan Kumar

lost control over the motor cycle due to unavoidable

circumstances lost control over the motor cycle and

dashed against the left side of the road medial and thereby

accident occurred. Due to this impact, rider Chetan Kumar

and pillion rider sustained fa