PADMAVATHI Vs. DUGGANAIKA

JUDGEMENT

(1.) This appeal is directed against the award passed by the Motor Accidents Claims Tribunal, Shimoga in Misc. No.16 of 1969 (Motor Accident Claim), dismissing the application of the appellants filed under S.110A of the Vehicles Act.

(2.) Respondent 1 Dugganaika is the owner of a jeep bearing registration No.MYS 438. On 16-3-1969, he travelled in the jeep from Hiriyarka to Kodur. Respondent 3 Mohiddin was the driver of respondent 1. He drove the jeep on that day. Respondent 1 got down from the jeep at Kodur and 'directed respondent 3 to take the jeep to Hosanagar and fill up petrol in the lank. Respondent 3 took the jeep. At Kodur uself, PW.3 Krishna Bhat and the deceased Ramakrislina got into the jeep. PW.3 sat in between respondent 3 and Ramakrishna. The jeep proceeded towards Hosanagar, and when it had covered a distance of about one mile from Kodur, PW.2 Rama Rao, who was waiting for a bus to arrive, gave a signal to Respt.3 to stop the jeep. Respt.3 it appears, did not observe that signal at that time. Then PW.2 observed the jeep slowing down at a little distance away. By that time, PW.2 had heard some sound emanating out ot the jeep.He, thinking that Respt.3 the driver was going to stop the jeep in order to give him a lift, signalled that the jeep might proceed ahead. The jeep went ahead and then it so happened that the right hand side front wheel of the jeep flew away, the jeep toppled and respondent 3 and Ramakrishna were thrown out. Ramakrishna sustained severe injuries and ultimately succumbed to those injuries. The appellants claimed compensation of Rs.45,000 from respondent 1 the owner of the jeep, respondent 2 Skandia Insurance Co the insurer, and respondent 3 the driver of the jeep.

(3.) The contention on behalf of the respondent was that the jeep had not been driven either rashly or negligently by respondent 3 and it was a sheer accident that one of the bolts fixing the wheel to the axle of the jeep gave way and the wheel flew away from the axle.