GOWRAMMA Vs. SHIV SINGH

JUDGEMENT

(1.) The present appeal is filed by the claimants under Sec. 173 (1) of the Motor Vehicles Act, 1988, seeking enhancement of the compensation awarded by the learned XVI Additional Judge and MACT, Court of Small Causes, Bengaluru (hereinafter for brevity referred to as 'the Tribunal'), in its judgment and award dtd. 10/12/2019 in M.V.C.No.7007 of 2018.

(2.) Summary of the case of the claimants before the Tribunal was that claimants No.1 and 2 are respectively the mother and father of the alleged deceased Harish. On the date 10/10/2018 at about 5.00 p.m. when the said Harish along with other two persons while moving near 2nd gate of APMC market yard for daily work, a motor vehicle Lorry bearing registration No.MP-06-HC-1985 being driven by its driver at high speed, in rash and negligent manner dashed to Harish from his back side. Due to the said road traffic accident he sustained multiple grievous injuries. Immediately, he was shifted to Government Hospital, Chintamani and from there to R.L. Jalappa Hospital, Kolar. However the injured Harish (hereinafter for brevity referred to as the 'deceased'), succumbed to the injuries.

(3.) In response to the notice served upon them, respondents No.1 and 2, appeared through their counsel and filed their statement of objections. Respondent No.1 took a contention that the driver of the offending vehicle had a valid driving license to drive the alleged offending vehicle and the said vehicle was insured with respondent No.2. As such, respondent No.1 is not liable to pay any kind of compensation to the claimants. Per contra, respondent No.2 Insurance Company in its statement of objections, denied the occurrence of the road traffic accident in the manner as alleged by the claimants in their claim petition. Further both respondents have denied the age, avocation and income of the deceased.