BASAVANT AND ORS. Vs. PARASHURAM AND ORS.

JUDGEMENT

(1.) THIS is the appeal preferred by the appellants/claimants being aggrieved by the judgment and award passed by the tribunal dismissing the claim petition. The appellants have also challenged the legality and correctness of the judgment and award passed by the tribunal, on the grounds as mentioned in the appeal memorandum.

(2.) AS per the averments, the case of the petitioners before the tribunal that on 28.07.2001, at about 9.30 p.m., the deceased Shankar on Ilakal - Hunagund road, near Ilakal IB, he was checking the motorcycle in front of showroom as daily duty. But, suddenly the vehicle owned by the 1st respondent driven by its driver truck bearing No. GDS -4983 came in a very rash and negligent manner, the driver has lost control on the vehicle and dashed to the deceased Shankar. The driver ran away without stopping the vehicle and the deceased succumbed to the injury on 01.08.2001. The accident took place at the night time and there are no other persons to know the vehicle number. The police came to know about the accident and in order to escape from the liability they have registered a case against the deceased and filed abated charge sheet. Later, petitioner No. 1 -Basavant came to know about real accused persons, who caused the accident and gave requisition to the CPI Hunaguda to take action against the said accused. Hence, the private complaint was filed, which is pending.

(3.) ON the basis of the pleadings, the tribunal has framed as many as four issues and with regards to issue No. 1, costing burden on the petitioners about causing of the accident by the vehicle bearing No. GDS -4983 and driving the same by rash and negligent act of the driver, the tribunal has recorded negative finding and ultimately, the tribunal has dismissed the claim petition. Being aggrieved by the same, the appellants/petitioners are before this Court.