MANJUNATH A. Vs. RESHMABAI

JUDGEMENT

(1.) Being aggrieved by the judgment and award passed by the III Additional Senior Civil Judge and VII Additional MACT at Davanagere in MVC No.61/2018 dtd. 1/1/2019, the owner and driver of the auto rickshaw have filed MFA No.2763/2019 questioning the liability fastened on them and the claimants have filed MFA No.3968/2019 seeking enhancement of the compensation.

(2.) The brief facts are as below:

(3.) Due to untimely death of Niranjan Naika, the petitioner No.1 has suffered mentally and she has lost love and affection of Niranjan Naika. The accident was occurred due to rash and negligent driving of respondent No.1. Driver of auto rickshaw bearing No.KA-17-B-7416 and respondent No.2/RC owner and respondent No.3 has issued policy to auto rickshaw and it was in force from 28/1/2017 to 27/1/2018. The traffic Police, Davanagere have registered a criminal case against respondent No.1 in Crime No.156/2017 for offence punishable under Ss. 279, 304-A of IPC and under Sec. 187 of IPC. The accident in question occurred due to rash and negligent act of respondent No.1. Hence, the respondents Nos.1 to 3 are jointly and severally liable to pay compensation.