LAWS(KAR)-1990-8-57

ANGELS TRAVELS Vs. K CHIKKAYYA NAIK

Decided On August 08, 1990
ANGELS TRAVELS Appellant
V/S
K.CHIKKAYYA NAIK Respondents

JUDGEMENT

(1.) This appeal is by the owner of the motor vehicle being registration market 3229 against the compensation awarded to the claimants in M.V C. No. 315 of 1984 on the file of the Accidents Claims Tribunal and District Judge, Mangalore.

(2.) The said case came to be disposed of along with other cases in view of the fact that the vehicle belonging to the appellant-owner was involved in an accident with the other motor vehicle bearing registration mark MYG 4732 near Karnataka Bank at Kumbasi on National High Way No. 17, when the motor vehicle bearing registration mark MYG 4732 was proceeding towards Koteswar The bus belonging to the appellant-owner before us was dangerously driven and dashed against the other motor vehicle MYG 4732 as a result of which several persons were injured and some died. One of the persons who died was the son of the claimants in M.V.C. No. 315 of 1984. The claimants are the parents of the deceased,

(3.) tt will be useful at this stage to state that petitioners in M.V.C. Nos. 310, 311, 312, 313 and 314 of 1984 were all members of the family, who were travelling in the same autorickshaw in which the son of the claimant in M V C. No. 311/84, whose husband K. Chikkayya Naik the other claimant in M.V.C. No. 3t5/84, was also travelling. They pleaded that the other vehicle bearing registration No. KeT 3229 was rashly and negligently driven causing the collission and in that circumstance on account of the death of their son they claimed a sum of Rs. 4,00,000/- under various heads. In view of the involvement of the whole family except Chikkayya Naik, in the accident, common evidence was led and the cases were clubbed together and disposed of.