H S GIRIJA Vs. K SHANTHI

JUDGEMENT

(1.) These appeals arise out of the common accident which culminated into several MACT claim petitions and in turn the above appeals as shown in the table below: <IMG>JUDGEMENT_92_LAWS(KAR)9_2023_1.jpg</IMG>

(2.) On 27/12/2010 at 3.30 a.m. one M. Prakash was driving the tempo traveler bearing registration No.KA-01/C-2086 near Pethapuram bridge within the limits of Kaveripatnam Police Station, Tamilnadu. The said tempo traveler rammed into trailer lorry No.TN-30/Y-7179 which was moving ahead of it. In the accident driver M. Prakash, the other inmates of the tempo traveler by name Arunkumar, Bhagyalakshmi, Jayaram Reddy, Pruthvi and Suguna died at the spot itself. The other inmates by name Gayathri, Sudharani, Kishore, Alex, Vinoy Roy and Gowramma suffered injuries. Regarding accident on the basis of complaint of one Manoj-the inmate of the tempo traveler, Kaveripatnam Police registered first information report in Crime No.603/2010 against the driver of the lorry No.TN-30/Y-7179. It was alleged that the said lorry was proceeding in front of the tempo traveler. The driver of the tempo traveler was driving his vehicle in moderate speed, but the lorry driver was driving the vehicle in high speed. All of a sudden, without giving any indicators the driver stopped the lorry. Due to such sudden action, M. Prakash could not control his vehicle and the same rammed into the lorry causing fatalities and injuries to the inmates as aforesaid. Respondent Nos.1 and 2 in the claim petitions were the registered owner and insurer of lorry bearing No.TN-30/Y-7179. Respondent Nos.3 and 4 in those petitions were the registered owner and insurer of the tempo traveler No.KA.- 01/C-2086.

(3.) The wife and minor children of Prakash filed MVC No.7277/2011 against the respondents alleging that the accident occurred solely due to the actionable negligence of the driver of the lorry. They contended that they were depending on the income of the deceased and he was earning Rs. 40,000.00 per month from his fleet business and employment as driver. They claimed compensation of Rs. 65,25,000.00.