VENUGOPALA REDDY Vs. P VIJAYALAKSHMI

JUDGEMENT

(1.) THOUGH this matter is posted today for orders, the same is taken up for consideration with the consent of learned counsel appearing for both the parties. This appeal by the appellant/owner of the Scorpio car is arising out of the judgment and award dated 03/10/2009, passed in MVC No.507/2003, by the Presiding Officer, Fast Track Court -IV and Additional Motor Accident Claims Tribunal, Tumkur, (hereinafter referred to as ' Tribunal' for short).

(2.) BY its judgment and award, the Tribunal has awarded a sum of Rs. 22,75,000/ - with interest at 6% p.a., from the date of petition till the date of realization as against the claim made by the claimants for a sum of Rs. 75,00,000/ -, on account of the death of the deceased Sri. D. Srinivasa Reddy, in the road traffic accident, fastening liability on the owner and insurer of Scarpio car and holding that Insurer is liable to pay only Rs. 20,000/ - and owner is liable to pay the remaining entire compensation amount.

(3.) THE brief facts of the case of the claimants are, that on 27.11.2002 the deceased went to Mumbai with the appellant/owner of the car who is his close relative and best friend to purchase new Scorpio DLX Car. After taking delivery of the said car in Mythri's car Halla India Pvt., Ltd., Dr.B.A.Road, Lambagh, Mumbai and while they coming back to Hindupur on 28.11.2008 at 2.00 a.m. they came near Engineering College, P.B. Road, Ranebennur, at that time accident took place between new Scorpio car and Goods Tempo bearing Reg.No.MH.04.AG.1339 which was coming from opposite direction due to rash and negligent driving by the drivers of both the vehicle. In the said accident, new Scorpio car became completely damaged and becomes scrap and the deceased who was sitting in front seat of the car sustained grievous injuries and died at the spot. Even the driver of the car died at the spot and owner sustained injuries and the driver of the goods tempo has lodged complaint against driver of the Scorpio car.