HANUMANTAPPA Vs. MAHALINGAPPA KALAVEERAPPA BADIGER

JUDGEMENT

(1.) Calling in question the judgment and award dtd. 14/8/2009 passed by the learned District Judge (Fast Track) and M.A.C.T., Haveri (for short "the Tribunal) in MVC Nos.94/2009 and 109/2009 recorded a finding of composite negligence against the present appellants and consequent fastening of liability to pay 50% of the compensation, these appeals are presented by the aggrieved owner and driver of the tractor and trailer bearing registration No. CTD No.8209/8210.

(2.) Brief facts insofar as same are relevant for the current purposes is that the claimant-Mahalingappa and his two minor children have come up with two claim petitions in MVC Nos.94/2009 and 109/2009 before the learned Tribunal alleging that on 24/2/1996, while said Mahalingappa was riding his Bajaj M-80 two-wheeler with his wife-Lalita, daughter-Yashodha with other two children as pillion riders from Kandur to Haveri, the tractor trailer bearing Registration No.CTD-8209/8210 loaded with sugarcane with its driver driving it in a rash and negligent manner and took the vehicle abruptly to the right side dashing the same against the Bajaj M-80 resulting in an accident which lead to death of the two deceased.

(3.) Two claim petitions were contested by the owner of the offending tractor trailer by filing a detailed statement of objections.