T S RUKMINI Vs. T S CHANNABASAVIAH

JUDGEMENT

(1.) These two appeals arise from one claim case and therefore they are disposed of by this common judgment.

(2.) The wife, children and mother of one K.N. Hanumappa who died in a motor vehicle accident involving truck No. MYT 5578 on 11-4-1981 preferred the claim petition before the Motor Accidents Claims Tribunal, Chitradurga for recovery of compensation from the driver, owner and insurer of the said vehicle. The case putforward is, that the deceased was proceeding in the said goods truck as a hirer for transporting furniture and died as a result of the accident attributable to the rash or negligent driving of the truck and the Tribunal after holding in favour of claimants on the point of actionable negligence, awarded compensation of Rs. 57,000/- and directed all the three respondents before it to satisfy the award. The claimants, being dissatisfied with the quantum of compensation awarded, have preferred the 1st appeal, viz., M.F.A. No. 1535 of 1985. The insurer disputing the finding that deceased was travelling in the said lorry as hirer and thereby further disputing its liability to satisfy the award, has preferred in M.F.A. No. 2169 of 1986.

(3.) The finding on the question of actionable negligence recorded by the Tribunal has reached its finality and the same is not in dispute in these appeals.