LAXMAN SADEPPA DODAMANI Vs. MUTTEPPA IRAPPA HADAGINAL

JUDGEMENT

(1.) THE appellants are the unsuccessful claimants in M.V.C. No. 1269/2006 and M.V.C. No. 1270/2005 on the file of the Presiding Officer, Fast Track Court -1, Judge at Belgaum, have preferred these appeals challenging the judgment passed in the said cases dated 25.10.2008.

(2.) THE petitioners approached the trial Court on the allegations that on 22.02.2006, the petitioner in M.V.C. No. 1269/06 Sri Laxman Sadeppa Doddamani along with his brother by name Nagappa Doddamani had been to their lands in their tyre wheeled cart which was fitted with harvesting machine on it which was being pulled by a pair of bullocks. It is contended in the petitions before the trial Court that while both of them were returning to their house at about 4.30 p.m. at that time a Tata 407 Goods Tempo vehicle bearing reg. No. KA -23/4778 being driven by its driver in a rash and negligent manner dashed against the front portion (noga) of the said bullock cart. Due to the impact of the accident, the bullocks ran in a haphazard manner, made the person who was inside the bullock cart to fell down and in turn said bullock cart ran over the said Nagappa, the deceased, who fell down on the ground and sustained severe injuries which were fatal in nature and succumbed to the injuries. It is also the case of the claimants -appellants that the said claimant in M.V.C. No. 1269/06 Laxman Sadappa Doddainani also suffered grievous injuries. The Insurance Company and the owner of the said Tata 407 goods vehicle have made their appearance before the Court. In fact, the owner of the said vehicle has admitted the accident and he virtually not contested the proceedings, on the other hand, he supported claim of the petitioners. However, the Insurance Company has seriously contested the proceedings on the ground that the entire police papers have been manipulated by the petitioners in active collusion with Police and the owner of the Tata 407 vehicle, in order to make a false claim against the Insurance Company.

(3.) WHILE answering the said issue in the negative learned trial Judge has categorically held that it is a clear case of manipulation of the police records subsequent to the incident, for the purpose of claiming compensation, if possible from the Insurance Company. There is an active collusion between the claimants. Police and the first respondent before him. Ultimately on appreciating the material on record and the evidence of the witnesses, the learned Fast Track Judge has come to the conclusion that the petitioners have not made out any case for entertaining the claim petitions. Hence the said petitions came to be dismissed.