DUGGAMMA Vs. CHANDRASHEKARA NAIR

JUDGEMENT

(1.) Though this appeal is listed for admission, with consent o f both sides, matter is taken up for final disposal.

(2.) The facts leading to this appeal are that one Parasappa Dyamappa Dandamani was walking by the side of the road to go to Kodiyal Hospet from Kumarapatnam, at that time a KSRTC bus bearing registration No . KA-09- F-3377 came from Ranebennur and dashed against Parasappa. As a result, he sustained fatal injuries and died. As on the date of accident Parasappa was aged about 35 years and was working as a driver of tractor and trailor and was earning Rs.150/- per day. His wife, three minor children have filed claim petition against driver of bus, KSRTC . In said claim petition, parents, brothers and sisters were impleaded as respondents.

(3.) On service of summons, respondent No .1-driver was placed exparte . Respondent No .2-corporation filed objections denying that accident was due to rash and negligent driving of driver o f bus and opposing claim on quantum.