KUMARAPPA KUDITHINI Vs. N. SHAFI

JUDGEMENT

(1.) The claimants being aggrieved by the judgment and award dated 18.08.2011 passed in MVC No.892/2010 on the file of III Additional MACT, Bellary, have filed this appeal.

(2.) The case of the claimants before the tribunal is that, on 21.02.2009, deceased Kotresh came to Bellary to meet the General Manager of his office and while returning back to his village on his two wheeler, a lorry bearing registration No.AP-02/W-3557 being driven by respondent No.1 in a rash and negligent manner dashed to Kotresh. As a result, he sustained injuries and was shifted to VIMS Hospital, Bellary for treatment, later on he succumbed to the said injuries. The claimants who are the parents, sister and brother of the deceased, have stated that the deceased was hale and healthy and was working as JCB operator and earning Rs.10,000/- p.m. They were dependents on his income. Therefore, the claimants claimed compensation of Rs.46,00,000/- against the driver, owner and insurer of the offending vehicle.

(3.) In pursuance of the notice, respondent Nos.1 and 2 remained absent and were placed ex-parte. Respondent No.3 appeared through his counsel before the Tribunal and filed objections, denying the case of the petitioners, with regard to the accident, injury and income of the deceased and also status of the petitioners. He also contended that the driver of the vehicle was not holding effective driving licence and there is breach of policy condition. Therefore he sought for dismissal of the claim petition. On the basis of the pleadings of the parties, the tribunal framed issues.