DIVISIONAL MANAGER Vs. BASAVARAJ

JUDGEMENT

(1.) I have heard learned Advocate Sri. S. Kayakamath for the insurer and learned Advocate Sri. G.S. Hulimani for the claimants.

(2.) Brief facts of the case are as follows:- Sri B. Arun Kumar filed the first information with Ranebennur Rural police on 2/12/2003 stating that on the said date he, along with his colleagues Dr.Sadanand M.Hiremath and Sri. Shreeshail was proceeding in the tempo Trax bearing registration No.KA-25/8291 from Hanumanatti towards Kuppelur. The driver Basavaraj Guttal was driving the vehicle. When they were proceeding on Ranebenur-Halgeri road, a tempo bearing registration No.K27-2539 driven by its driver in a rash and negligent manner and in a high speed, came from the opposite direction i.e. from Halgeri, and was proceedings towards Ranebennur, dashed to the left side of the trax. As a result of this impact, both the vehicles got damaged and the driver of the trax, Basvaraj Guttal and inmate Dr.Sadanand M.Hiremath have sustained injuries over the body.

(3.) The driver of the trax bearing registration No.KA- 25/8291 Sri Basavaraj Guttal filed the claim petition in MVC No.36/2006 before the Principal Civil Judge (Sr.Dn) and AMACT, Haveri, (hereinafter referred to as "the Tribunal, Haveri"), claiming compensation for the injuries sustained by him in the road traffic accident. The petition was came to be allowed in part, awarding compensation of Rs.20,000/- to the claimant and it was ordered that respondent Nos.2 and 3, i.e. the owner of the tempo bearing registration No.K27-2539 and owner of the trax No.KA-25/8291 are jointly and severally liable to pay the compensation. However claim against both the insurance companies are dismissed.