JAYARATHNAMMA Vs. T. J. JAYACHANDRA

JUDGEMENT

(1.) These two appeals are filed under Sec. 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for brevity) by the appellants/claimants (in short "the claimants"), challenging the common judgment and award dtd. 21/9/2015 passed in M.V.C.No.25/2014 and M.V.C.No.24/2014 by the Court of Senior Civil Judge and J.M.F.C. and Motor Accident Claims Tribunal, Hunsur (hereinafter referred to as 'the Tribunal' for brevity).

(2.) The facts leading to filing of the claim petition is that, on 17/2/2014 at 2.30 p.m., the rider Papannachari and pillion rider Shankarachari were riding the motor cycle/KA-09/EK-490 at BBC Colony in front of Ramakrishna's house, on Nagarahole-Hunsur Road. Offending Jeep/KA- 05/MM-5125 came in a rash and negligent manner and dashed against the motor cycle. Due to which both fell down sustained fatal injuries and succumbed at the spot. The driver of the Jeep was prosecuted by Hunsur Rural Police in Crime No.39/2014, and faced trial in C.C.No.1461/2014 before the Court of Addl.Civil Judge and JMFC., Hunsur.

(3.) The dependent/claimants filed the claim under Sec. 166 of the Act, claiming compensation and same was registered in M.V.C.Nos.24/2014 and 25/2014. The Tribunal clubbed both the matters, recorded the evidence and passed the common order. Before the Tribunal, the owner of the Jeep/first respondent herein has opposed the claim contending that the jeep was insured with the second respondent, driver of the jeep holding valid driving license, RC was in force and therefore, the insurer/second respondent is liable to pay the compensation. Before the Tribunal, the insured/second respondent remained exparte.