SHANTHAPPA Vs. THE SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THESE appeals are directed against the judgment and award passed in MVC. Nos. 117/10 and 118/10 pending on the file of Civil Judge (Senior Divn.) and MACT, Gulbarga.

(2.) THE claim petitions have been dismissed on the ground that they have failed to prove that the driver of the jeep in which they were travelling, was negligent and rash in his driving. Their case is that they were travelling as police officials in Gulbarga and were proceeding in a police jeep bearing No. KA -32 -G -531 and it was an escort vehicle to the official vehicle of the then education minister who was travelling from Yadgir to Gulbarga. When the jeep reached a place near Chigaralli Cross, the driver of the jeep drove in a rash and negligent manner and lost control of the vehicle. Resultantly the jeep turned turtle as a result of which petitioners sustained grievous injuries and were shifted to Government Hospital, Jewargi, and thereafter shifted to Rajiv Gandhi Super Speciality Hospital, Raichur, where one of the petitioners took treatment as in -patient.

(3.) KARNATAKA Government Insurance Department (KGID), insurer of the jeep has filed detailed written statement denying all material averments. Petitioners have been called upon to strictly prove the contents o the petition. According to the 2nd respondent -insurer, the driver of the jeep was cautiously driving from Yadgir to Gulbarga and when they crossed Chigaralli Cross, another vehicle came from the opposite direction and tried to overtake a lorry which had been parked, and dashed against as a result of which the jeep turned turtle.