GULLAMMA Vs. BASHEER SAB

JUDGEMENT

(1.) THIS M. F. A. is taken up for final disposal with the consent of parties.

(2.) ONE Chikkamarappa the deceased (hereinafter referred to as 'the deceased')died on 9. 12. 96 at 11. 45 a. m. The deceased was standing in front of the shop of one chowdappa near Bestamaranahalli on anekal-Rajamaranahalli Road, a Matador no. KA-02-4089 of the respondent No. 1 insured with the respondent No. 2 came in a rash and negligent manner and dashed against the deceased as a result of which the deceased died on the spot. The appellant No. 1 is the mother of the deceased. The appellant No. 2 is the brother of the deceased.

(3.) THE Tribunal held that there was rash and negligent driving on the part of the driver of Matador and came to the conclusion that the accident occurred as a result of rash and negligent driving of the vehicle that was insured with the respondent No. 2. I have no hesitation in affirming the finding of the Tribunal regarding the rash and negligent act of the driver.