SAROJINI Vs. SUJATHA SHETTY

JUDGEMENT

(1.) In this appeal filed under Sec. 173 (1) of Motor Vehicles Act, petitioner has challenged dismissal of the petition filed by her seeking compensation for the death of her husband Vamana Shetty in a motor vehicle accident dtd. 25/3/2016, while travelling as a pillion rider on motorcycle bearing registration No.KA-19/EM-8841 (for short 'offending vehicle').

(2.) For the sake of convenience, the parties are referred to by their ranks before the Tribunal.

(3.) Facts: It is the case of petitioner that on 25/3/2016 at about 7-10 a.m, her husband, Vamana Shetty was travelling as a pillion rider on offending vehicle. It was ridden by respondent No.1, who is the registered owner of the offending vehicle. They were proceeding from Bajpe towards Katilu. When they reached Yekkaru, Tenka Yekkaru village of Mangaluru Taluk, respondent No.1 lost control over the offending vehicle and both of them fell down and sustained injuries. They were shifted to A J hospital, Mangaluru. Despite prolonged treatment, deceased succumbed to the injuries on 6/4/2016. Based on the complaint filed by the son of the deceased, a criminal case is registered against respondent No.1. At the time of accident, deceased was working in BGS Composite PU College, Kavuru, Mangaluru and earning Rs.7,000.00 p.m. Petitioner was totally dependent on the deceased. Deceased has left behind three major sons, who are not dependent on him and therefore they are not made party to the petition. As the owner and insurer, both respondents are jointly and severally liable to pay the compensation and hence the petition.