MANJULA @ MANJAMMA Vs. SRINIVAS

JUDGEMENT

(1.) The Tribunal has dismissed claim petition. Therefore, claimants are before this court. I have heard Sri N. Gopalkrishna, learned counsel for claimants and Sri R. Rajagopalan, learned counsel for Insurance Company.

(2.) The claimants are the wife, children and mother of deceased Shivaiah, who according to claimants died in a motor vehicle accident that took place at about 9.15 p.m. on 24.12.2008 near traffic signal junction of 46th Cross, 11th Main Road, V Block, Jayanagar, Bangalore.

(3.) The facts leading to the death of Shivaiah are rather unusual. The claimants, as also Insurance Company have relied on investigation records and final report filed against I-respondent and one Govindappa, (accused No. 2 in C.C. No. 13695/2009). The deceased was the driver of a Omni bus bearing No. KA-01-B-4522 of MTR Food Products. At the relevant time and place, the deceased had stopped bus to pick up passengers, who were waiting near BMTC bus stop. At that time, driver of BMTC bus overtook bus of deceased and stopped by the side of Omni bus and picked up quarrel with deceased for unauthorisedly picking up passengers from bus stop and making unlawful gain. The driver of BMTC bus dragged the deceased from bus bearing No. KA-01-B-4522 and felled him on road. The driver of BMTC bus abruptly started off bus, without noticing that deceased had fallen near wheels of BMTC bus and ran over BMTC bus on deceased and caused his death. On the basis of first information lodged by one K. Muralidhara (an employee of MTR Food Products), crime was registered against driver of BMTC bus and another employee of BMTC for an offence punishable under section 304 r/w 34 IPC. After investigation, final report was also filed.