THYAGARAJ Vs. SIDDAMMA

JUDGEMENT

(1.) These appeals are preferred challenging the common judgment and award dated 31.10.2009 passed in M.V.C. No. 231/2008 and M.V.C. No. 265/2008 on the file of the Civil Judge (Sr. Dn.) and Addl. MACT, Harihar.

(2.) It is the case of the claimant that on 28.08.2007 while the son of petitioner in M.V.C. No. 231/2008 along with others was going in the bullock cart belonging to the petitioner in M.V.C. No. 265/2008 near Bannikodu cross on Harihar - Shimoga Road, Harihar, the car bearing registration No. KA-14/M-5878 being driven by its driver in rash manner, came from Harihar side with high speed and dashed against the bullock cart, a motor cycle, an autorickshaw and also a canter lorry in series causing the accident and in the said accident, the son of the petitioner in M.V.C. No. 231/2008 sustained grievous injuries to which he succumbed on the next day. Likewise bullock died and bullock cart belonging to the petitioner in M.V.C. No. 265/2008 was also damaged. In the circumstances, the legal representatives of the victim who died in the said accident and the insurer of the bullock cart along with other injured claimants in other two cases filed their respective claim petition seeking compensation from the owner and insurer of the said car, which was involved in the accident.

(3.) The Tribunal considering the evidence placed on record deemed it fit to award a sum of Rs. 2,59,000/- to claimant in M.V.C. No. 231/2008 and Rs. 20,000/- to the claimant in M.V.C. No. 265/2008 with interest at the rate of 6% p.a. from the date of petition till realisation against the owner of the vehicle viz., the 1st respondent herein and absolved the liability of the insurance company to indemnify the owner, on the ground that there exists no policy of insurance coverage as on the date of accident on account of dishonour of cheque issued by the 1st respondent/owner towards the premium of the policy by observing that the dishonour was also duly communicated to the owner of the vehicle.