ERAMMA Vs. B M BASAPPA

JUDGEMENT

(1.) This is a claimants' appeal against the award made by the learned district Judge Motor Accidents Claims Tribunal, Chitradurga, in M.V.C. No. 612/86

(2.) The award is dated 18-8-89. The claimants filed the petition under S. 110A of the Motor Vehicles Act claiming compensation for the death of one Erappa, husband of first appellant herein and father of the second appellant who was second petitioner before the tribunal. They alleged that the deceased was involved in a motor vehicle accident which took place in Malebennur-Harihar road on 4-2-86.

(3.) Erappa was working as a Hamali under the second respondent Sri Maralusiddeswara Rice Mill - a partnership concern. That firm owned a lorry bearing registration No. MYS 7201. The first respondent - the driver of the lorry - on that day drove the vehicle in a rash and negligent manner on Malebennur-Harihar road with the result that the lorry capsized. Erappa and another sustained injuries. Erappa was admitted to C.G. Hospital Davanagere. He was in-patient in the hospital from 4-2-86 to 31-7-86, i.e. nearly 51/2 months and over. He was discharged on 11-7-86 and subsequently on 13-8-86 he died at the village Alur in Muddebihal taluk, Bijapur district. In that circumstance they claimed a total sum of Rs. 1,50,000/- as compensation. The claim was made against the driver, owners of the lorry as well as the insurer. First and second respondents, the driver and the owner remained ex parte. The third respondent filed objections and resisted the proceedings. The insurer denied that the lorry was driven by the driver in a rash and negligent manner. It contended that Erappa was the passenger in the goods vehicle and he was travelling at his own risk. It, therefore, pleaded that it was not liable to pay compensation. It also raised the question of considering the petition being barred by limitation.