UNITED INDIA ASSURANCE CO LTD Vs. GOVINDAPPA

JUDGEMENT

(1.) AGGRIEVED by the judgment and award dated 11. 8. 1997 passed by the II Additional District and Sessions Judge and Motor Accidents Claims tribunal, Bangalore Rural District, Bangalore, in M. V. C. No. 479 of 1990 and questioning the quantum of compensation and also the liability to pay the compensation awarded, the insurer of the offending vehicle, i. e. , bus bearing No. CNZ 4820 has come forward with the above appeal.

(2.) THE accident had occurred on 17. 2. 90 at about 6 p. m. near Basamma Temple on magadi-Ramanagaram Road involving the motor cycle bearing registration No. MEM 2638 and the bus bearing No. CNZ 4820. It is alleged that on the date of accident, the deceased G. Gangadharaiah was proceeding as a pillion rider on the said motor cycle and at that time the driver of the bus drove the same in a rash and negligent manner and at a high speed and dashed against the motor cycle as a result of the same, the deceased sustained multiple injuries and he succumbed to injuries on 18. 2. 1990 at nimhans Hospital. Thus, the petitioners being the parents of the deceased have filed a petition claiming compensation.

(3.) THE finding of negligence against the driver of the offending vehicle, i. e. , bus bearing No. CNZ 4820 has become final inasmuch as no appeal has been preferred challenging the same by the owner or the insurer in the present appeal.