HANUMAMMA AND ORS. Vs. LOLACHARI AND ORS.

JUDGEMENT

(1.) AGGRIEVED by the judgment and award passed by the I Additional District Judge and Member, MACT, Chikamagalur in MVC.437/2013, dated 21.06.2014, wherein the claim petition filed under Section 166 of the M.V. Act was rejected by the Motor Accident Claims Tribunal, the claimants are in appeal. The claimants are the wife and children of late K.H. Venkataram, who expired on the night of 03.04.2013, while he was proceeding on his TVS XL bearing registration No. KA -18/U -1708 on Maravanji road, 1st cross.

(2.) ON the untimely death of late K.H. Venkataram, the appellants/claimants filed claim petition before Motor Accident Claims Tribunal. Their case was, while the deceased was proceeding on the left side of the road, by observing traffic rules near the Areca garden of Anjanappa, the 1st respondent being the driver of the Lorry bearing registration No. CG -04/AC -8269, came from behind in a rash and negligent manner with great speed and dashed the vehicle of the deceased from backside; due to the impact, the deceased fell down, sustained grievous injuries and died at the spot. One Annappa, son of Venkatagiriyappa, lodged a complaint in respect to the accident to the police; the deceased was hale and healthy; he was a retired Jeep driver of the Tahsildar and a pensioner; on his untimely death, the wife and children are facing difficulty in maintaining the family.

(3.) AFTER holding full pledged enquiry, the Tribunal dismissed the claim petition by declining to accept the evidence placed by the claimants about involvement of the Lorry and its driver.