K GOPALA REDDY Vs. SHAKUNTHALA RAJAGOPAL

JUDGEMENT

(1.) THE Tribunal has held that;- appellant was the registered owner of motorcycle bearing No.CAX-5766 involved in the accident. The motorcycle had no insurance coverage. The appellant was the rider of motorcycle. Deceased R.G.Shekar was the pillion rider. Due to rash and negligent riding of motorcycle by appellant, the motorcycle plunged into Varthur tank. Both rider and pillion rider drowned. The appellant/rider swam and saved himself. Deceased R.G.Shekar drowned and died.

(2.) THERE is serious controversy between parties as to who was riding motorcycle at the time of accident. The first information was lodged by one V.Gopal at about 6.15 p.m. on 17.12.2000, within one hour from the date of accident. In the first information, it is clearly stated that deceased R.G.Shekar was riding motorcycle at a high speed in a rash and negligent manner; deceased R.G.Shekar lost control over motorcycle; motorcycle plunged into Varthur tank; deceased R.G.Shekar drowned; pillion rider K.Gopala swam and saved himself. In the final report, police have shown that accident took place due to rash and negligence of rider of motorcycle i.e., deceased R.G.Shekar.

(3.) THE claim petition is filed under section 166 of the Motor Vehicles Act, 1988 (for short, 'the Act').