NIRMALA S.NAGARAJ Vs. S. BASAVARAJA

JUDGEMENT

(1.) This appeal is at the instance of the claimants calling in question the correctness of the judgment and award dtd. 10/3/2010 in MVC No.594/2008 passed by the learned Presiding Officer, Fast Track Court-II cum Motor Accident Claims Tribunal-X at Ballari (for short "the Tribunal").

(2.) Brief facts as per the case of the claimants is that on 18/3/2008, deceased-S.Nagaraj was riding motorcycle bearing registration No.KA-17/W-7804 from Hospete towards Kudligi near Murugesh Dhaba in Kaivalyapura village and at that time, the driver of JCB bearing registration No.KA-35/M- 4068 drove the same in a rash and negligent manner and in high speed and dashed against the motorcycle resulting in death of the deceased.

(3.) The claim petition was contested by all the respondents before the learned Tribunal. However respondent No.1 and 2 did not file any written statement and only the Insurance Company filed its written statement.