NATIONAL HIGHWAY AUTHORITY OF INDIA Vs. ROOPA

JUDGEMENT

(1.) This appeal is filed by the National Highways Authority of India (henceforth referred to as "Authority" in short) challenging the Judgment and Award passed by the Sessions Judge, Fast Track Court, Ranebennur (henceforth referred to as "Tribunal" in short) in M.V.C No.217/2006 in so far as it relates to the finding of the Tribunal that the accident occurred due to the negligence of the Authority and also the finding that it is liable to pay the compensation determined therein.

(2.) The parties shall henceforth be referred to as they were arrayed before the Tribunal. Petitioners before the Tribunal will henceforth be referred to as 'claimants'. Respondent Nos.1, 2, 3 and 4 before the Tribunal will henceforth be referred to as 'owner', 'insurer', 'Authority' and 'Contractor' respectively.

(3.) The claimants are the legal representatives of deceased Sri Ravindrakumar. It is pleaded in the claim petition that on 11/5/2003 at about 11.00 p.m., the deceased was riding a motorcycle bearing registration No. KA-27/E-9794 (henceforth referred to as 'motorcycle') on National Highway No.4. When he reached Halebathi village on Davanagere-Harihara road, a heavy goods vehicle was driven from the opposite direction with blazing lights on. The deceased was blinded by the light and in an attempt to avoid an accident, moved on the motorcycle to the left side of the road, unaware of the fact that the Authority had dug a 10 feet x 10 feet ditch, which was barricaded by blackened drums. He rammed into the drums and fell into the ditch, dying instantaneously. Hence a claim petition was filed under Sec. 166 of the Motor Vehicles Act, 1988 (for short, 'the M.V. Act, 1988') claiming compensation of Rs.20,00,000.00 from the owner and insurer of the motorcycle and the Authority as well as the Contractor who was executing the work. The claimants thereafter amended the claim petition to a claim under Sec. 163A of the M.V. Act, 1988.