SAVITRIBAI Vs. DODDAPPA

JUDGEMENT

(1.) This appeal by the claimants is directed against the judgment and award dated 16-11-76 passed by the Second Additional District Judge and M.A.C.T. Dharwar in M.V.C. No. 16 of 1974 on his file, dismissing the petition of the claimants for compensation.

(2.) It is the case of the claimants that on 13-1-1974 at about 7.30 p.m. on Poona-Bangalore road near Kundagol cross, Narayanasa, the husband of the first claimant and father of the s. 110A-Evidence Act (1 of 1872), case-Admissibility and value- rest of them met with an accident and died on the spot. The truck bearing registration No. MYW 4336 which was driven rashly and negligently by its driver came on the off side and dashed against Narayanasa, and Narayanasa died on the spot. The second respondent in the petition is the owner of the truck. The first respondent is the insurer. According to the claimants, the deceased was earning Rs- 250 per month. On that basis, they claimed compensation of Rs. 50,000 from the respondents.

(3.) The first respondent-Insurance Company contended that the vehicle was not covered under any insurance policy, on, the date of the accident and hence the first respondent was not liable to pay any compensation to the claimants.