M R KRISHNAPPA Vs. BHAGYALAKSHMAMMA

JUDGEMENT

(1.) This appeal by the owner of the bus in question (original respondent-1) is directed against the judgment and award dated 5-3-1979, passed by the Member, Motor Accidents Claims Tribunal, Mandya, in Misc. (MVC) Case No. 23 of 1975 on his file, awarding Compensation of Rs. 23,100 in favour of claimant-1, the widow of the deceased.

(2.) It is the case of the claimant that H. B. Annegowda, aged about 52 years, husband of claimant-1 and father of claimants 2 to 5 was travelling in a bus bearing registration No. MYA 2288 from Mysore, on his way to Chickmagalur, on 10-5-1971. He was seated in the front row behind the seat of the driver. The bus was driven by Jayakumar of Saligrama, the driver, in a rash and negligent manner. When the bus was going in Chikka Voddaragudi on Mysore-Hassan Road, at about 11-30 p.m , the bus met with an accident. It went and dashed against the protruding branch of a tree going on its off side, as a result of which Annegowda sustained grevious injuries. Annegowda was treated in Krishnarajanagar Hospital that night and was shifted to Krishnarajendra Hospital Mysore, in the morning of 11-5-1971. Though he was treated in that hospital, he succumbed to the injuries on 21-5-1971 at about 2-30 pm. Annegowda was serving as Inspector of Central Excise in the Central Excise Department at Kalasa in Chickmagalur District. He was 52 years. He was drawing a salary of Rs. 496 per month at the time of his death by accident. He had better prospects. OP these averments, the claimants, viz., his widow and children, claimed compensation of Rs. 1,50,000 from the respondents, by submitting a petition to the Claims Tribunal, Mysore, under S.110-A of the Motor Vehicles Act.

(3.) Respondent-1 before the Tribunal is the owner of the vehicle in question, Respondent-2 before the Tribunal is the insurer. The driver was not added as a party as he died in the accident.