THE BRANCH MANAGER Vs. D. VIJAYA

JUDGEMENT

(1.) THE case of the claimant is that on 30 -3 -2012 at about 11.45 pm., when the deceased M.T. Nagarajappa was riding his motorcycle bearing registration No. KA -26 K -5292 on NH -4 near Vidyanagar main road cross, a Bolero jeep bearing registration No. KA -01 MH -6925 came in a rash and negligent manner and dashed against the motorcycle of the deceased. The deceased sustained severe injuries and died on the spot. His wife and two children filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation. The tribunal awarded a sum of Rs. 27,11,076/ - with interest/at the rate of 6% p.a.

(2.) QUESTIONING the award of excess compensation, the insurer has filed MFA No. 1561 of 2014 and seeking enhancement of the compensation, the claimants have filed MFA No. 603 of 2014.

(3.) ON consideration of the contentions, we are of the considered view that there is no error committed by the tribunal in fixing the negligence on the driver of the Bolero jeep. The driver of the Bolero jeep, who was driving on the national highway, should also have been careful on seeing the turning of the two wheeler of the deceased. We, therefore, do not find any circumstance to blame the rider of the two wheeler in causing the accident. Having considered the spot sketch in terms of Ex. R4 and inquest mahazar in terms of Ex. P5, we hold that the finding of the tribunal in regard to negligence is correct. Further, the driver of the Bolero jeep, who would have been the best witness to state about the manner in which the accident occurred, has not been examined. Apart from this, the charge sheet is filed against the driver of the Bolero jeep. Hence we have no hesitation to hold that the driver of the Bolero jeep is responsible for causing the accident. Hence, the contention of the insurer is unacceptable.