YOGEESH Vs. RUKMINI

JUDGEMENT

(1.) This appeal filed under Sec. 173(1) of the Motor Vehicles Act, 1988 is by respondent Nos.1 and 2 challenging the impugned judgment and award dtd. 30/6/2011, whereby the Tribunal absolved respondent No.3-Insurance Company from paying compensation and directed respondent Nos.1 and 2 pay the same.

(2.) Facts: Brief facts leading to filing of the claim petition are that on 18/3/2008 at 11.00 a.m., petitioner was travelling from Thirthahalli to Konanduru in bus bearing registration No.KA-15/3195. It was driven by respondent No.1 in a high speed in a rash or negligent manner and dashed against Lorry bearing registration No.KA-20/6666 which was parked by the side of the road near the Sunkadahole Bridge. As a result of the accident, petitioner sustained grievous injuries. She was treated at J.C.Hospital, Thirthahalli and also in a private clinic. Inspite of prolonged treatment, she is not completely cured.

(3.) Before the accident, petitioner was doing tailoring and earning. After the accident, she is unable to do the work and thereby suffering loss of income. As the driver, owner and insurer of the offending vehicle, respondent Nos.1 and 2 are jointly and severally liable to pay the compensation.