SIDDALINGAPPA Vs. KRISHNAPPA

JUDGEMENT

(1.) This appeal under Sec. 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) has been filed by the claimants being aggrieved by the judgment dtd. 8/8/2019 passed by the Motor Accident Claims Tribunal, Madhugiri in

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 28/1/2017 the deceasedChethankumar along with others left their Village in order to visit Sagar Taluk to take Aurvedic treatment for diabetic disease in a Car bearing Registration No.KA-43-7466 and the deceased was driving the said Car. At around 10.30 P.M., near Heggere-LabhaDabha Hotel, N.H.206, Tumakuru-Gubbi road, the driver of the Lorry bearing Registration No.KA-40-A2508 drove the same in a rash and negligent manner came from Tumakuru side and dashed against the back side of the Car. The deceased parked his Car and the drier of the lorry also stopped his lorry and the deceased got down from the Car and went near the front right side door to question the lorry driver. At that point of time, the driver of the VRL Bus bearing Registration No.PY-05-A-1105 came from Tumakuru side in a rash and negligent manner and dashed towards right portion of the lorry while over taking. As a result, the lorry moved ahead, due to which, the deceased who was standing near the front side door of the lorry fell down and the front wheel of the said lorry ran over the deceased. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the injuries on the spot.

(3.) The claimants filed a petition under Sec. 166 of the Act seeking compensation for the death of the deceased along with interest.