A.S. MANJUNATHAIAH Vs. M.V. NANJUNDAIAH

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the Judgment and award dated 2-12-1977 passed by the Claims Tribunal, Hassan, in Miscellaneous (M.V.C.) 22 of 76 on its file, dismissing the claim petition. The claimants are the parents of the deceased girl Roopa, aged about 9 1/2 years.

(2.) IT is the case of the claimants that their daughter Roopa was coming home from the school on 8-11-1975 at about 2.30 P.M. on the B.H. Road. The bus bearing No. MYF 2234 owned by the 2nd respondent and driven by the first respondent was coming from the opposite direction. It was driven in a rash and negligent manner and the bus came and dashed against the girl, who was on the left side of the road. The bus ran over the girl causing instantaneous death of the girl. The girl was intelligent and she was studying 5th standard. She was learning dancing and she had bright future prospects and they claimed Rs. 25,000/- as compensation for the death of the girl Roopa.

(3.) THE Tribunal raised the following issues as arising for its consideration :