K SUBBANNA SHETTY Vs. SAROJINI

JUDGEMENT

(1.) this appeal by the owner is directed against the award of compensation arising out of the claim in respect of a motor accident resulting in the death of one ganapathi bhat. The claimants have, in turn, filed their cross-objection seeking enhancement of compensation.

(2.) the facts leading to the claim are as follows : on 4-6-1982 the said ganapathi bhat along with the claimants was travelling in a k.s.r.t.c. bus from honnavar to karki. After getting down at karki bus stop, they were proceeding along the western edge of the road towards honnavar side to reach their home. While they were so proceeding, the truck bearing No. 7989 coming from kumta side in a high speed dashed against ganapathi bhat and one savithri. As a result, both were thrown out to the side of the road. On account of the impact, the stones of the culvert fell upon ganapathi bhat, as a result of which, he died on the spot. The deceased was working as a branch manager in k.d.c.c. bank in its branch at hulekal, and according to the claimants, he was earning total monthly emoluments of Rs. 1,300/-. It is not disputed that the deceased was about 36 years old at the time of his death. While the wife of the deceased (respondent 1) claimed compensation of Rs. 1,71,000/- including the damages towards loss of consortium and other heads, respondent 2 herein and the mother of the deceased have claimed separate compensation of Rs. 69,000/- and Rs. 29,000/- respectively. It is pertinent to mention at this stage that one of the claimants who was the mother of the deceased died during the pendency of the proceedings before the tribunal, and it is not disputed that the cause of action survived to respondents 1 and 2 herein. In otherwords, they were entitled to receive the entire compensation awardable in the claim.

(3.) while admitting the occurrence of the accident and the death of the deceased g.s. bhat, the appellant (owner) denied that the accident was the result of rash and negligent driving of the vehicle by its driver. It was further pleaded that when the truck was proceeding at a moderate speed from kumta to honnavar on the correct side of the road, a lorry which was going in front of the truck suddenly stopped while it was crossing the bridge. The driver of the truck tried his level best to stop the vehicle, but in the process, the vehicle dashed against the parapet wall of the bridge, as a result of which the parapet wall of the culvert gave way and fell upon the deceased, resulting in his death.