PARVATHAMMA Vs. C SUBRAMANYAM

JUDGEMENT

(1.) THIS order shall dispose of MFA 3756/98 and MFA 3642/98 filed by two different claims arising from the same judgment and award dated 16-2-1998 in MVC No. 903/94 of the District Judge and MACT, Chitradurga, (for short, 'the Tribunal' ).

(2.) ). Facts :-Deceased Boraiah was the husband of Smt. Boramma-1 and father of Gowramma and Lakshmidevi. He was travelling in a KSRTC Bus bearing No. KA. 17 F-01 on 25th of May 1994 at about 9-45 p. m. from Chitradurga to Bharamasagar. The bus met with an accident : Near Laxmisagara the lorry bearing No. AP-03/t-1116 came from the opposite direction at high speed which was driven in a rash and negligent manner. The lorry dashed against the KSRTC Bus, resulting in the accident and causing grievous injuries to Boraiah; he was immediately taken to C. G. Hospital, Davanagere for treatment, where he died after 3 days i. e. , on 28-5-1994 at about 11-45 p. m. He died due to the injuries sustained by him in the accident. Boramma-1 and her two daughters filed the claim petition under S. 166 of the Motor Vehicles Act, 1988, (for short, 'the Act') seeking compensation in respect of the death of Boraiah. He was 48 years of age at the time of accident and was working as line man in K. E. B. at Bharamasagara having an income of about Rs. 5,000/- per month. Subsequently Smt. Parvatamma, Smt. Boramma-2 and Smt. Chandramma who became claimants 4 to 6 were added in the claim petition by virtue of their impleading applications claiming that they too were the wives of deceased Boraiah.

(3.) IN the written statement filed by the 3rd respondent insurer, it was contended that the petitioners be put to strict proof of the averments made by them in their claim petition. That it was false to say that the accident occurred on account of any rash and negligent driving of the lorry by its driver. The Policy had been issued by the respondent subject to various terms, conditions and exceptions. The terms, conditions and exceptions of the policy be kept in mind while awarding compensation. Prayer was made that the petition be dismissed.