MALLAMMA Vs. BALAJI

JUDGEMENT

(1.) HEARD the learned advocates appearing on both sides.

(2.) THE claimants in this appeal are the mother of the deceased Bhimaraya, who is said to be a resident of Rewoor village in chittapur Taluk, Gulbarga District and the respondent No. 4 is the father of the deceased. The deceased Bhimaraya was aged about 28 years and he was working as an agricultural labourer under one Ramanna, s/o Sheshappa and was getting an income of Rs. 1,500 p. m.

(3.) ON a fateful day, i. e. , on 9. 4. 1997 in the morning the deceased was taking bullocks of his master Ramanna to plough the lands; at about 6 a. m. when he was so going near Rewoor gate on Chittapur-Shahabad Road on the extreme left side, a milk van bearing the registration No. MH 13-G 0755 came in a high speed and in a rash and negligent manner, which was driven by the respondent No. 1 and dashed against the deceased and the bullocks. Consequently, the deceased Bhimaraya sustained fatal injuries and died on the spot and further the bullocks also sustained injuries. The appellant-claimant being the mother, filed the claim petition before the m. A. C. T. , Gulbarga. After recording the evidence and hearing the arguments, the learned Tribunal dismissed the claim petition on the ground that appellant-claimant has not proved the rash and negligent act of the driver of the lorry which was involved in the accident. Feeling aggrieved by the said order, the appellant herein has challenged the same on the ground that her son died on the spot on account of the injuries sustained in the accident occurred at about 6 a. m. on 9. 4. 1997 and, therefore, principle of res ipsa loquitur is very much applicable on the facts of the present case.