MANAGING DIRECTOR Vs. JAGANNATH

JUDGEMENT

(1.) The appellants in MFA No.20252 of 2013 filed the claim petition in MVC No.886 of 2010 on the file of the Fast Track Court-III, Dharwad, seeking compensation of Rs. 43,90,000/- together with interest, towards compensation for the death of their son Neetesh Jagannath Kalal.

(2.) It is contended that on 17.06.2010, the deceased was going from Dharwad towards Hubballi for attending the College in Hubballi on his motor-cycle bearing registration No.KA-25/EB- 5732 on the left side of the road. When he came near Amargol cross, a bus belonging to K.S.R.T.C., bearing registration No.KA-25/F-1697 came from the opposite direction, driven in a rash and negl igent manner by its driver, dashed against the motor-cycle of the deceased. Due to the impact, the deceased sustained grievous injuries. He was shifted to the Sushruta Multi-specialty Hospital and Research Centre, Vidyanagar, Hubballi.

(3.) The respondent-Corporation has entered appearance in the case and filed objections denying petition averments. It was contended that the deceased was riding his motor-cycle in a rash and negligent manner and dashed against the bus. The bus was driven by its driver by observing traff ic rules and regulations and it was slowly proceeding on the proper side of the road from Hubballi to Dharwad at the time of accident.