A. ARUN Vs. H.B. PUSHPA

JUDGEMENT

(1.) In the road traffic accident that occurred on 4-11-2004 at Dodda Thogur Cross near Konappana Agrahara on N.H.4 "Hosur Road, due to involvement of goods vehicle (LMV) Tata-407 bearing Reg. No. KA-05-7946 (for short goods vehicle) and Maruthi Zen car (for short "car"), one Rekha Nataraj who was driving the car died.

(2.) Her husband and minor daughter filed a claim petition in MVC No.1640/2005 before the MACT, Bangalore City seeking compensation of Rs. 3 crores under Sec. 166 of the Motor Vehicles Act (hereinafter referred to as "M.V.Act" for short) from the owner and the insurer of the goods vehicle.

(3.) The Tribunal, by impugned judgment and award has awarded compensation of Rs.58,41,000/- and held both the owner and the insurer of goods vehicle jointly and severally liable to pay the compensation amount to the claimants, holding that the accident has occurred solely due to the rash and negligent driving of goods vehicle by its driver.