B. S. SUBBEGOWDA Vs. P. P. PRAMOD

JUDGEMENT

(1.) This appeal is filed by the appellants/claimants challenging the judgment and award dated 06.07.2013 passed in M.V.C.No.8269/2011 on the file of the Motor Accident Claims Tribunal Court of Small Causes at Bengaluru ( the Tribunal for short) questioning the quantum of compensation, apportioning 50% negligence on the driver of both the vehicles and fastening the liability on the owner of one of the offending vehicle.

(2.) The parties are referred to as per their original rankings before the Tribunal to avoid the confusion and for the convenience of the Court.

(3.) The factual matrix of the case is that on 30.07.2009, the deceased B.S. Vijaya Kumar was travelling as an inmate of Tata Sumo bearing registration No.KA-05: C-123 on MysuruBengaluru road, near Indoorpalya (Bidadi), the driver of Lorry bearing registration No.KA-05: B-8596 drove the same at high speed in a rash and negligent manner and in the process of overtaking Tipper Lorry bearing registration No.KA-42: 1291 came to the extreme right and dashed the Tata Sumo as a result of which B.S.Vijaya Kumar along with 8 others sustained grievous injuries and succumbed to the same on the spot.