M V THIPPESWAMY Vs. HANUMANTHAPPA

JUDGEMENT

(1.) This appeal filed under Sec. 173(1) of the Motor Vehicles Act, 1989 (hereinafter referred to as 'the MV Act') is by the legal representatives of respondent No.1/owner of bus bearing registration No.KA-16/A-3389 (hereinafter referred to as the offending vehicle) against the impugned judgment and award, whereby the Tribunal allowed the claim petition filed by the petitioners granting compensation in a sum of Rs.3,07,000.00 with interest at 6% p.a. and directed respondent No.1 to pay the same and that respondent No.2 - Insurance company is not liable to indemnify respondent No.1.

(2.) For the sake of convenience the parties are referred to by their rank before the Tribunal.

(3.) FACTS: Brief facts leading to the filing of the claim petition are that on 7/12/2002, Rudresha, Son of the petitioners was standing in the Holalkere bus stand to return to the village. At that time driver of bus bearing registration No.KA-16-A-3389 (hereinafter referred to as offending vehicle), drove the same in a rash or negligent manner and dashed against the said Rudresha. He suffered severe head injuries and succumbed to the same while undergoing treatment as in-patient in C.G.Hospital, Davanagere.