A MANAVALAGAN Vs. A KRISHNAMURTHY

JUDGEMENT

(1.) THIS is a claimant's appeal against the judgment and award dated 15-9-1998 passed by the Motor Accidents Claim Tribunal, Chitradurga, in MVC No. 1397 of 1992.

(2.) WHEN the appellant and his wife Vijayakumari were proceeding in a car, from Goa to Bangalore, on 21-5-1992, a lorry bearing No. TN-28-2853, coming from the opposite direction, being driven in a rash and negligent manner dashed against the car. As a result of the head-on collision, Vijayakumari sustained serious injuries. She was taken to a hospital at Davanagere and later to NIMHANS, Bangalore, where she died on the same day at about 10. 00 p. m. The appellant filed a claim petition claiming a compensation of Rs. 37,05,857. 00. The driver, owner and insurer of the lorry were impleaded as respondents 1, 2 and 3. The owner and insurer of the car were impleaded as respondents 4 and 5. The petition was resisted by respondents 2 to 5.

(3.) THE Tribunal framed appropriate issues regarding negligence of the driver of the lorry and driver of the car, entitlement of claimant of compensation and quantum of compensation. The appellant examined himself as P. W. 1 and examined an official from the college were the deceased was working as P. W. 2 and got marked Exs. P. 1 to P. 18. No witness was examined on behalf of the respondents. The insurance policies of the two vehicles involved in the accident were marked as Exs. R. 1 and R. 2.