PALLAVI Vs. KSRTC

JUDGEMENT

(1.) Challenging the judgment and award dated 18.09.2015 passed by the learned Addl. Dist. & Sessions Judge, Gadag in M.V.C. No. 292/2010 this appeal is filed.

(2.) Brief facts as stated are that, on 04.11.2009, Siddappa (victim) was traveling in bus bearing reg. no. KA-19/G-2747 as Conductor. As a routine, when he opened the window to see the bus as to how it was moving, due to the rash and negligent driving of the driver, the bus dashed to the electric pole and head of deceased came in contact with the pole and sustained grievous fatal injuries and died during treatment. As on date of accident, he was aged 25 years, working as Conductor in KSRTC and getting monthly salary of Rs. 6,000/-. Alleging loss of dependency due to untimely death of Siddappa, his mother and daughter filed claim petition under Sec. 166 of M.V. Act against owner and insurer of the bus.

(3.) On service of notice, owner and insurer filed objections denying claim petition averments. First and second respondent-Corporation contended that vehicle involved was insured with respondent No.2 and award, if any, may be passed against respondent No.3.