CHIKKAMUNIYAPPA, VENKATAMMA, ANJINAMMA AND NAGARATHNAMMA Vs. ANJINEYA AND UNITED INDIA INSURANCE COMPANY REP. BY ITS BRANCH MANAGER

JUDGEMENT

(1.) THE above appeal is preferred against the common judgment and award dated 4.4.2009 passed in MVC No. 94/2008 on the file of the I Addl. Civil Judge, Sr. Dvn., and Addl. MACT, Kolar. It is the case of the claimants that they are the parents and sisters of one Venkatesh who met with the accident on 23.4.2008 and succumbed to the injuries sustained in the said accident. It is alleged by the claimant that on 23.4.2008 while the victim was pillion rider on the motorbike bearing Regn. No. KA -07 -L -182 along with its rider Venkatesh S/o. Narayana Swamy proceeding to Kolar and when they were near Dhanamatnahalli -Prasanth Jelly Crusher, the lorry bearing Regn. No. CNG -5585 which was being driven by its driver in rash manner came from Kolar side and dashed against the said two wheeler and caused the accident; in the said accident, both of them sustained grievous injuries and the pillion rider died on the spot. It is further contended by the claimants that the said pillion rider at the time when he met with the accident was aged about 27 years; was doing mason work earning Rs. 10,000/ - per month and on account of the untimely death of their son, claimants 1 and 2 being the parents and claimant Nos. 3 and 4 being the sisters of the victim suffered mental agony and was also put to financial loss. In the circumstances, they have sought compensation from the owner and insurer of the said lorry which was involved in the accident.

(2.) THE respondent/insurer in its statement of objections while admitting the coverage of the policy, pleaded denying the contentions of the claimants with regard to the cause of accident, the age, income of the deceased and specifically pleaded that the liability, if any, is subject to the terms and conditions of the policy. The appellants along with the claimants in the connected cases got themselves examined as P.Ws. 1 and 3 and got marked documents Exs.P.1 to P.29. The tribunal while allowing both the claim petitions and in particular MVC 94/2008 awarded compensation of Rs. 2,01,600/ - with interest at the rate of 6% p.a. from the date of petition till realisation and directed 2nd respondent to indemnify the owner of the vehicle.

(3.) LEARNED counsel appearing for the appellant submitted that though the accident occurred involving two vehicles viz., motorbike as well as the lorry, as the victim was a pillion rider, he was not responsible for the accident i.e., in other words, he did not contribute to the accident, the amount deducted towards the contributory negligence of the rider of the motorbike is not warranted. Further, he submitted that with regard to the claimants being the legal representatives of the pillion rider of the vehicle,: the accident occurred on account of the composite negligence of the rider of the motorbike as well as the driver of the lorry, the claimants are entitled to proceed against all or any one of them as both of them are jointly and severally liable to pay the compensation and the tribunal ought to have awarded the entire amount calculated by it as compensation without deducting any portion of the said amount towards contributory negligence on the rider of the motorbike.