RAJESHREE AND OTHERS Vs. SHAIK OSMAN AND THE NEW INDIA INSURANCE CO. LTD. REPRESENTED BY ITS BRANCH MANAGER

JUDGEMENT

(1.) CLAIMANTS in MVC No. 347/2007 on the file of Presiding Officer, Fast Track Court -II, Bidar, aggrieved by the dismissal of the claim petition under Section 166 of the Motor Vehicles Act, 1988, by the judgment and award dated 26.02.2010, have presented this appeal. On the night of 29.06.2007 at about 21:00 hours one Panduranga Reddy while riding the motorcycle bearing certificate of registration No. KA -39/H -3670 on N.H. No. 9 from Aland to Basavakalyan, near Sastapur Bungalow, the driver of the motor vehicle being a tipper, bearing certification of registration No. MWE 1078 allegedly drove the vehicle in reverse direction without any indication and dashed against the motorcycle which Panduranga Reddy was riding resulting in grievous injuries the cause of his death.

(2.) THE Traffic Police, Basavakalyan, registered a case against the deceased Panduranga Reddy in Crime No. 83/2007 alleging offences under Sections 279 and 304 of IPC.

(3.) THAT petition was opposed by the second respondent -insurance company, while the first respondent -owner remained exparte. In the written statement, the second respondent denied the accident as also the liability to pay compensation and asserted that it was due to the rash and negligent driving of the motor cycle by the deceased that had resulted in the accident and death.