LAWS(KAR)-2010-3-121

VENKATARAVANAPPA Vs. M MUNEER AHMED

Decided On March 05, 2010
VENKATARAVANAPPA Appellant
V/S
M. MUNEER AHMED Respondents

JUDGEMENT

(1.) Though the matter is listed for orders, by consent of the learned counsel for the parties, the appeal is taken up for Final Hearing and also as the matter is of the year 2007.

(2.) The legal heirs of the deceased Rajakumar namely, father and mother are questioning the correctness and legality of the judgment and award passed in MVC 5196/2006 dated 05.04.2007.

(3.) The facts in nutshell are as follows: On 29.07.2006 Sri. Rajakumar @ Raja, son of appellants 1 and 2 was said to have been standing by the side of the road at Siddepalli Cross, Chintamani Kencharlahalli road to proceed to Chintamani at about 8.30 a.m. and at that point of time, a private bus bearing Reg.No.KA-02-A-9497 is said to have been driven in a rash and negligent manner came and dashed against the said Rajakumar on account of which he was knocked down and sustained grievous injuries. He was shifted to R.L. Jalappa Hospital at Kolar after administering first aid at Government Hospital. He is said to have been succumbed to the injuries on 12.30 noon on the same day during the course of the treatment. On account of the death of their son, the parents filed a claim petition in MVC 5199/2006 under Section 163 (A) of MV Act, 1988 claiming compensation of Rs.6 lakhs from the owner and insurer of the bus. The first respondent, the owner of the bus remained exparte before the Tribunal and the 2nd respondent Insurance Company appeared and filed its written statement whereunder it admitted the issuance of insurance policy to the offending vehicle, but challenged the liability of the respondent to indemnify the insured. On the basis of the pleadings, the Tribunal framed the following issues: