MADARSAB SAHEBLALA Vs. NAGAPPA VITTAPPA

JUDGEMENT

(1.) This appeal under S. 110 D of the Motor Vehicles Act, 1939, is by the owner and the driver of the vehicle in question and is directed against the judgment and award dated 6-3-1979 made by the Motor Accidents Claims Tribunal, Belgaum, in M. V. C. No. 15 of 1978 on its file absolving the Insurance Company, the third respondent herein, from paying compensation awarded.

(2.) It is the case of the claimants that their son Balappa was sleeping in the field on the night of 20-11-1977 at about 3-30 a.m. and that the truck in question which went into the field for carrying sugarcane load ran over him killing him on the spot. Their son Balappa was aged about 16 years. He was working and earning. He was thus killed by the rash and negligent driving of the truck by the driver and on these grounds, the parents of the deceased claimed Rs. 70,000 as compensation from the respondents. Respondent-1 is the driver of the truck, Respondent-2 is the owner and respondent-3 is the insurer. Respondents 1 and 2 contended that the Tribunal had no jurisdiction to entertain the claim application as the accident had happened in a private agricultural land. They further contended that the accident was not the result of rash and negligent driving of the truck. According to them, if at all, the insurance company was liable to pay the compensation

(3.) The Insurance Company, on the other hand, contended that it had no liability as the accident happened in the field and not in a public place. On these pleadings, the Tribunal raised the following issues : (1) Whether the petitioners prove that Kumar Balappa Nagappa Katabugel sustained fatal injuries in a motor vehicle accident on 20-11-1977 at 3-30 a.m. in R. S. No. 69 of Balekundri Budruk just near Belgaum Bagalkot road ? (2) Whether the said accident was due to rash and negligent act of the driver of the truck bearing No. MYL 7611 ? (3) Whether the petitioners are entitled for compensation ? If so, what quantum and from whom ? (4) What order ? (5) Whether the accident took place in a public place ? Is the Insurer not liable?