PARVATI Vs. SAKUBAI

JUDGEMENT

(1.) The appellants / claimants being aggrieved by the judgment and award dated 04.10.2017 passed by MACT No.XIII, and IV Addl. Dist. Judge Vijayapur in MVC No.1610/2016 has filed this appeal.

(2.) Parties will be referred to as per their ranking before the Claims Tribunal.

(3.) Brief facts leading rise to filing of this appeal is that on 29.03.2016 at about 16.00 hours on Akalawadi Chimmalagi road, beside Kallappa Siddappa Kumbar's bricks factory. The deceased Kallappa was riding motorcycle bearing Reg.No.KA-28-EK-8760 from his village towards Chimmalagi for making Bazar. When he came near bricks factory on Chimmalagi Akalawadi road on 4.00 p.m., at that time driver of the Tractor and Trailer bearing Reg.No.KA-28-TA6240, was stopped the Trailer negligently on the middle of the road without showing any signal or putting any stones or red light. As such the rider of the motorcycle i.e. deceased dashed to backside of Trailer, which was stopped on the middle of the road. Due to which accident occurred and deceased died on the spot. The claimants being the legal representatives of the deceased filed petition under Section 166 of M.V.Act.