ANJANAMMA Vs. YALLAPPA

JUDGEMENT

(1.) THIS appeal by the appellants/claimants is against the judgment and award dated 9.6.2011 in MVC No.3/11(Old No.1037/2008) on the file of the Senior Civil Judge and MACT(for short 'Triubuanl') at Channagiri, whereby the claim petition filed by the appellants under Section 166 of M.V. Act came to be dismissed.

(2.) THE brief facts which gave rise to this appeal are as under: -

(3.) THE claim was opposed by the respondents. The driver and the owner of the tractor -trailer filed statement of objections, wherein they denied the very involvement of the tractor trailer in the accident apart from contending that the deceased himself on account of skid fell down from the motor cycle when he was riding the motor cycle in rash and negligent manner and died on the spot and that the tractor -trailer is in no way responsible for the said accident. It is further contended that the tractor was insured by the fourth respondent - National Insurance Co. Ltd., and the trailer was insured by the fifth respondent IFFCO -TOKIO General Insurance company limited. Hence respondent Nos.1 to 3 have sought for dismissal of the claim petition. Similarly respondent Nos.4 and 5 have filed their separate statement of objections, wherein they have also contended that the tractor -trailer was not at all involved in the accident and it has been falsely implicated by the appellants/claimants with the help of police just to get compensation knowing fully well that the deceased died on account of his own negligence. Hence respondent Nos.4 and 5 have also sought for rejection of the claim petition. The claim petition came up for consideration before the Tribunal. The Tribunal upon consideration of the oral and documentary evidence, recorded a finding that the appellant -claimants have failed to prove that the accident and the resultant death of Nagarajappa was due to the negligence of the driver of the tractortrailer, which resulted in the dismissal of the claim by impugned judgment and award. Aggrieved by the dismissal of the claim, this appeal is preferred by the claimants.