GEETA Vs. HANAMANTH

JUDGEMENT

(1.) The claimants are in appeal dissatisfied with the quantum of compensation and aggrieved by saddling of 50% contributory negligence on the deceased under the judgment and award dated 22.01.2016 in MVC No.479/2014 on the file of the Prl. Senior Civil Judge, Member, MACT-V, Jamkhandi.

(2.) The claimants are wife, daughter and mother of deceased Kusha @ Kushal. A claim petition under Section 166 of the Motor Vehicles Act (for short, 'the Act') was filed claiming compensation for the accidental death of Kusha @ Kushal in a road traffic accident. It is stated that on 08.10.2014 the deceased as a pillion rider along with one Raghavendra were proceeding on motorcycle bearing No.KA-48/J-2279 and at that time tipper bearing No.KA-29/A-1595 came in a rash and negligent manner with high speed from opposite direction and dashed the motorcycle in which the deceased was proceeding, due to which both the rider and pillion rider fell down on the road and sustained grievous injuries. The pillion rider of the motorcycle Kusha @ Kushal succumbed to the injuries subsequently. It is stated that the deceased was aged 26 years and was earning Rs.20,000/- p.m. by doing agricultural work.

(3.) On issuance of notice, respondent No.1- owner remained absent and was placed exparte. Respondent No.2-insurer appeared and filed its objection statement. Respondent No.2 in its objection statement denied the entire claim petition averments. Further, it also contended that the driver of the offending vehicle had no valid and effective driving license to drive the said vehicle. Owner of the tipper had violated the provisions of the Act. It also contended that the accident occurred due to the negligent riding of the motorcycle and at the time of the accident three persons were proceeding on the motorcycle. Thus, prayed to dismiss the claim petition.