SHEETAL NAIK Vs. CHANDRA PRABHA

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 12.07.2016 passed in MVC No.3140/2014 by the Motor Accident Claims Tribunal, Bangalore City (SCCH-14) ('Tribunal' for short).

(2.) The claim petition was filed by the claimant- appellant under Section 166 of the Motor vehicles Act, 1988 ('Act' for short) before the Tribunal seeking compensation for the death of Sri.Pradeep Mohan Naik in the road traffic accident which occurred on 30.03.2014 at about 4.30 p.m. It was averred by the claimant that the deceased while travelling in a car bearing Reg.No.KA-51-N-8783 along with her and her brother (driver), near Narasandra Lake, on NH-48, Mangalore-Bangalore road, met with the road traffic accident owing to the actionable negligence of the driver of the gas tanker bearing Reg.No.TN-34-C-7612 who suddenly applied brake without giving any indication/signal. As a result, the driver of the car in order to avoid the accident has taken the vehicle to the right, but the right side rear corner of lorry hit against the left side rear corner of the car. Due to the said impact, the deceased sustained fatal injuries. Immediately he was shifted to M.S.Ramaiah hospital and he succumbed to the accidental injuries while taking treatment in the said hospital. Accordingly compensation was sought for.

(3.) In response to the notice issued by the Tribunal, the respondents had appeared before the Tribunal through their respective counsel. The respondent No.2- insurer has contested the claim, written statement was filed denying the petition averments. No written statement was filed by the respondent Nos.3 and 4. During the proceedings before the Tribunal, the learned counsel for the respondent Nos.3 and 4 retired with the permission of the court. Thereafter, there was no representation on behalf of the respondent Nos.3 and 4. Respondent No.1 had remained absent and hence he was placed exparte.