BANDAIAH Vs. NINGAPPA

JUDGEMENT

(1.) These appeals arise out of the judgment and awards dated 28th day of August 1980 made by the Member Accidents Claims Tribunal Gulbarga in M.V.C.Nos. 43, 45 and 50 of 1979 on his file dismissing the petition of the claimants.

(2.) The relevant facts briefly stated are : on 25-3-1979 at about 4 P.M. a lorry bearing registration No. MEZ 4457. on Yadgir Shorapur road near Dodda Halla bridge, in which petitioner was travelling, turned turtle. As a result of that two claimants in M.V.C. 43 and 50/1979 received injuries whereas one Hayalappa died and his heirs instituted M.V.C. 45/79 claiming compensation.

(3.) In all these cases respondents denied their liability. Alternatively they contended that the claim made was excessive. The tribunal apprediating the evidence on record held that the accident was the result of the rash and negligent driving of the lorry in question. However, it came to the conclusion that the driver was not authorised by the owner to take any passenger in the lorry and that way neither the driver nor the owner nor the insurer was liable to pay the compensation, In that view he dismissed the claims. Aggrieved by the said judgment and awards, the claimants have instituted the above appeals before this Court.