SHAMA AND ORS. Vs. MAHANTAPPA AND ORS.

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned counsel for the second respondent.

(2.) The matter lies in very narrow compass and it is admitted that it is covered by the decision rendered by the Hon'ble Apex Court in the case of KISHAN GOPAL & ANR. v/s. LALA & ORS. reported in : 2013 AIAR (Civil) 887.

(3.) The undisputed facts are that on 22.11.2013 at about 12.00 p.m., one Sumayya aged about 10 years along with her parents i.e., the claimants was waiting for a bus on Aland Check Post -MSK Mill Hirapur road, near Shaha Jilani Darga Ring Road, when the offending vehicle being a motorcycle bearing No. KA -32/V -8709 which has been driven at high speed and in a rash and negligent manner, knocked down the said Sumayya and as a result of the impact she sustained grievous head injuries and was shifted to Sangameshwar Hospital, Kalaburagi, where she succumbed to the injuries. The said facts are not in dispute nor are they disputed by the respondents.