THIMMAKKA Vs. SAMIULLA

JUDGEMENT

(1.) This appeal by the claimants is directed against the judgment and award dated 18-3-1978, passed by the Motor Accidents Claims Tribunal, Chitradurga, in M.V.C. No. 22 of 1976, on its file, dismissing the petition of the claimants for compensation for the death of Badamaraiah.

(2.) It is the case of the claimants that Badamaraiah was going on the road near Mukabasappa Dinne on Gorasamudra -Kodihali Road, on 18-3-1976, at about noon, and that the jeep bearing No. MEE 693, belonging to the Government of Karnataka, which was coming from behind with great speed being driven negligently by its driver, dashed against Badamaraiah, dragged him and killed him on the spot. On these averments the claimants claimed compensation of Rs. 75,000/- from the respondents. Claimant No. 1 is the widow of Badamaraiah and claimants Nos. 2 to 4 are the children of Badamaraiah. Respondent No. 1 is the driver of the jeep, respondent No. 2 is the owner of the jeep and respondent No. 3 is the insurer of the jeep in question which caused the accident. The respondents denied their liability. According to them, the accident was not the result of the rash and negligent driving of the jeep by its driver but it was entirely due to the actionable negligence on the part of the deceased, who darted on the road and dashed against the jeep. They contended that the compensation claimed by the claimants was exorbitant.

(3.) On these pleadings the Tribunal raised the following points :- (1) Whether the petitioners prove that the deceased Badamaraiah sustained fatal injuries in a motor vehicle accident on 18-3-1976, at noon near Mukabasappa's Dinne on Gowasamudra and Kodihalli road? (2) Whether the said accident was due to rash and negligent act of R-1 the driver of jeep No. MEE 693? (3) Whether the petitioners prove that they are entitled for any compensation, if so, what quantum and from whom? (4) What order?