LAWS(KAR)-2021-1-61

G. M. KUMARSWAMY Vs. HOSAKERI SIDDAPPA

Decided On January 19, 2021
G. M. Kumarswamy Appellant
V/S
Hosakeri Siddappa Respondents

JUDGEMENT

(1.) This appeal is filed by owner of the vehicle challenging the judgment and award dated 22.12.2012 passed in MVC No.61/2011 by the Senior Civil Judge and MACT IX, Harapanahalli, directing the respondent Nos.1 and 2 viz., driver and owner of the vehicle, to pay the compensation.

(2.) The facts briefly stated are that on 29.06.2010 the deceased Thippamma was traveling in a private bus bearing Reg.No.KA-17-A-8235 from Davanagere to Arasikere village, when she was getting down from the bus at Kerigudihalli bus stop, the driver of the bus suddenly moved the bus, as a result of which, she fell down and sustained fracture and grievous injuries. She was admitted to hospital, but she died on 10.07.2010 due to the injuries caused in the accident. The legal representatives have claimed compensation on the reason that they have lost financial support.

(3.) On service of notice, respondent Nos.1 to 3 appeared but the respondent Nos.1 and 2, the driver and owner of the vehicle have not filed objections, respondent No.3 has filed objections denying the averments made in the claim petition.