SAROJINI Vs. ISHWARIDEVI

JUDGEMENT

(1.) MFA 12873/2006 is by the claimants being not satisfied with the compensation awarded to them in MVC 36/02 on the file of MACT., Mangalore. MFA No. 5997/2006 is filed by the insurance company challenging the liability saddled on it. Therefore, these two matters are heard together.

(2.) Having heard the counsel for the parties, admitted facts in this appeal are as hereunder: Claimants are widow and children of one Subramanyam who was a tailor by profession aged about 52 years. On 10.10.2001 at about 10 a.m. he was proceeding from Agumbe side to Thirthahalli and when he was near Chandrakala Rice Mill of Balebail, one tourist bus bearing Reg. No. RJ 27 P-3213 was proceeding from Thirthahalli towards Agumbe. When the deceased and bus were crossing each other, a passenger of the bus threw shell of a tender coconut which fell on the head of the deceased on account of which he lost control over the scooter and fell on the road and sustained grievous injuries and succumbed to the injuries. Claimants contends that he was getting an income of Rs. 10,000/- per month.

(3.) Counsel appearing for the insurance company contended that there was no negligence or rashness in driving the vehicle by the driver of the bus, therefore claim petition lodged by the claimant was not maintainable. Before the tribunal two witnesses were examined on behalf of the claimants and they relied upon Exs.P-1 to 11. No evidence was let in on behalf of the insurance company except producing the copy of the policy which is marked as Ex.R-1. The tribunal considering that conductor of the bus failed to manage the bus properly as he has allowed the passenger to threw shell of a tender coconut on the road without observing the deceased coming on the scooter, came to the conclusion that there is a negligence on the part of the conductor in not managing it properly and further came to the conclusion that the accident has occurred on account use of the motor vehicle. Accordingly, liability has been fixed on the insurance company.