CHIEF ENGINEER CONSTRUCTIONS SOUTHERN RAILWAY BANGALORE Vs. HANUMANTHAPPA

JUDGEMENT

(1.) These 2 appeals are disposed of by the combona fidemon order as they are directed against the combona fidemon Judgment rendered in M. V.C. Nos. 243 and 244 of 1986 on the file of the Motor Accidents Claims Tribunal, Bangalore Rural, Bangalore.

(2.) First appeal is directed against the Judg bona fidement in M.V.C. No. 243/86 in which oneHanumanthappa was the claimant. In the other case M.V.C. No. 244/86 petitioner was the dependbona fideent i.e., wife of deceased Jayaram. Hanumanthapbona fidepa suffered injuries and Jayaram died in an accident which took place when a lorry owned by the appellant - Southern Railways, bearing Registration No. MYA 4789, dashed against them near Basettihalli spinning mills at Doddaballapura. The lorry which bore Registration No. MYA 4789 was undisputedly owned by the appellant-Southern Railways. The injured Hanumanthappa was an agricultural labourer or a coolie while the deceased Jayaram was an agriculturist and it was claimed by the widow that her husband was earning Rs. 5,000/- per month by milk vending and Rs. 30,000/- per annum from agriculture. It was pleaded by both the claimants that the accident was due to rash and negligent driving of the lorry owned by the Southern Railbona fideways.

(3.) The claims were resisted by the appelbona fidelant-Southern Railways denying all averments inthe claim petitions. On such pleadings 3 issues were framed, they are as follows: