T.S.SAVITHRAMMA Vs. UNION OF INDIA

JUDGEMENT

(1.) In this appeal, the petitioners have challenged the judgment dtd. 25/8/2014 passed in M.V.C.No.1587/2009 by the Additional District and Sessions Judge and Addl.M.A.C.T., Chitradurga ('the Tribunal' in short) in dismissing the claim petition filed under Sec. 166 of the Motor Vehicles Act, 1988.

(2.) For the sake of convenience, the rank of the parties will be referred to as per their status before the Tribunal.

(3.) Brief facts of the petitioners case are that, the husband of petitioner No.1, father of petitioners No.2 to 4 and son of petitioner No.5, by name Jayappa, the deceased, was met with an accident on 12/6/2003 at 12.20 p.m., while driving the car bearing registration No.KA-16/M-8055 on unmanned railway gate hit against the Train No.252 and suffered injuries and died on 18/6/2003 at Manipal Hospital, Bangalore. Seeking grant of compensation, the petitioners have approached the Tribunal. The claim was opposed by the respondents. By order dtd. 5/7/2013, the claim petition came to be dismissed. Against the said order, the petitioners have filed an appeal before this court in M.F.A.No.8657/2013 (MV). By order dtd. 31/1/2014, the order of dismissal was set aside and the matter was remanded. After remand, the Tribunal has further taken up the matter and assessed the compensation of Rs.15,23,000.00 with interest @ 6% per annum holding that if the claim is to be allowed, the petitioners are entitled for said compensation. However, on the ground that the accident has occurred due to sole negligence of the deceased, the petitioners are not entitled for said compensation and dismissed the claim petition. Aggrieved by the same, the petitioners have field this appeal on various grounds.