SMT. PARAWATI AND OTHERS Vs. BASAVARAJ AND ANOTHER

JUDGEMENT

(1.) APPELLANTS were the claimants in MVC No. 66/20 10, before the II Addl. MACT, Karwar. Claim petition was lodged by them claiming compensation on account of the death of one Pandurang Yanku Patgar, who died in a road traffic accident occurred on 17.3.2010. The 1st appellant is the widow, appellants 2 and 3 are the son and daughter of the deceased.

(2.) IT is the specific case of the claimants that the deceased was a pillion rider in the scooter bearing No. GA -02/H -1021 and he was proceeding from Kumta towards Karwar on the night of 17.3.2010. On account of the rash and negligent driving of the lorry bearing No. KA -27/A -1376, which was also proceeding in the same direction behind the scooter, the driver of the said lorry made an attempt to overtake another vehicle, as a result of which he lost control over the lorry and dashed to the scooter as a result of which the rider as well as the pillion rider of the scooter succumbed to the injuries. FIR was lodged on the early morning at 8.00 a.m. and the same was registered against the driver of the lorry. Charge sheet was filed against the driver of the lorry.

(3.) THE owner of the lorry did not contest the case. The insurance company filed the written statement admitting the liability, however denied the manner in which the accident occurred and so also the income of the deceased.