VIJAYATA Vs. SACHIN YALLAPPA USULKAR

JUDGEMENT

(1.) MFA No. 101253/2019 is filed by the claimants and MFA No.101435/2019 is by the owner of the offending vehicle in question challenging the judgment and award dtd. 12/2/2019 rendered in MVC No.1796/2016 on the file of the learned VI Addl. District Judge and Addl. MACT, Belagavi (for short, 'Tribunal').

(2.) Brief facts insofar as they are relevant for the present purposes are that on 13/1/2016, deceased Vijay Jumnalkar, husband of the 1st claimant, father of the 2nd claimant and son of the 3rd claimant had been to Vijaya Nagar, Belagavi to meet one of his acquaintances and when both of them reached the road near Atawadkar Layout, Vijaya Nagar, offending Bolero vehicle bearing registration No.KA-22-P-1449 being driven by its driver in a rash and negligent manner and in high speed came from Sainandan Residency towards Atawadkar Layout and dashed against the deceased and dragged him to some distance and on account of the said impact, he died in the spot itself.

(3.) On the claim petition being filed, respondents entered appearance through their learned counsel. Respondents No.1 to 3 have filed their statement of objections denying the material averments made in the claim petition. It was mainly pleaded that respondent No.1 was the registered owner of the offending vehicle and it was being used by his friend respondent No.3by paying insurance premium and he was also holding valid driving license and while admitting the incident, it was attributed in the statement of objections to the sudden darting across the road by deceased himself. It was also pleaded that respondent No.2, who was a minor was not at all concerned with the accident as he was sitting near the driver as a family member of the respondents.