SAROJ Vs. MAHALINGAPPA

JUDGEMENT

(1.) THIS appeal arises from the judgment and award dated 11. 3. 1993 delivered by the motor accidents claims tribunal No. 1, bijapur in mvc No. 288 of 1991.

(2.) THE tribunal had awarded a total compensation of Rs. 1,62,380 with costs and interest at the rate of 6 per cent per annum from the date of the petition till the date of realisation.

(3.) THE material facts and the findings recorded by the tribunal are to the effect that on the fatal day, i. e. , 24. 3. 91 at about 8. 45 p. m. , as established by the claimants, mallikarjun irappa awati suffered injuries and died on account of the accident that had taken place on the aforesaid date at 8. 45 p. m. Near basaveswar circle, maha-lingapur town on mahalingapur-mudhol road. While he was going on the bicycle, at that time the tractor bearing No. Ka 29-357 along with trailer No. Ka 29-358 driven by respondent No. 1 in a rash and negligent manner and at high speed came and knocked down the deceased mallikarjun, who was going on his cycle and, caused his death. The tribunal, further found that the claimants have proved that the tractor belongs to respondent No. 1 and was insured with respondent No. 2, the insurance company. The tribunal after having recorded its findings and answering issue nos. 3 and 4 in the negative, held that the cause of death was on account of negligence on the part of the driver of the tractor and trailer.