MASTANAPPA Vs. R. SHANTABAI

JUDGEMENT

(1.) PRESENT appeal is filed by the claimants of a case bearing MVC No. 1570/2008, which was pending on the file of the Prl. Civil Judge (Sr. Dn.) at Gulbarga. Appellants are the parents of deceased Amrut, who died in a road accident that occurred on 14.03.2004 at about 7.30 p.m. near RTO check post, Humnabad on high way No. 9. When deceased Amrut and one Joseph - the husband of the 1st respondent were proceeding on a motorcycle bearing No. KA.39.E.9747, the husband of respondent No. 1 is stated to have driven the same in a rash and negligent manner and the vehicle met with an accident. As a result of the same, Amrut sustained severe injuries and succumbed to the same.

(2.) ACCORDING to the claimants, the accident took place solely due to the negligence of Mr. Joseph - the husband of the 1st respondent. The 1st respondent is stated to be the registered owner of the said motorcycle and it had been validly insured by the 2nd respondent - insurance company. With these pleadings, they had requested the Tribunal to award a compensation of Rs. 7,50,000/ -.

(3.) THE 1st respondent has admitted about the accident and the case being registered in Crime No. 76/2004 and later on filing a 'C' report. According to the 1st respondent, the deceased had himself driven the vehicle and the husband of the 1st respondent was sitting as a pillion rider and the accident took place solely due to the negligence of deceased Amrut.