JYOTI Vs. SARAVVA

JUDGEMENT

(1.) The claimant filed appeal M.F.A. No. 101368/2020 and respondent No.1-owner of the offending lorry filed M.F.A. No. 100579/2015 challenging the judgment and award dtd. 18/9/2014 passed in M.V.C. No. 1250/2013, passed by The Senior Civil Judge and M.A.C.T. Khanapur (for short, the Tribunal).

(2.) It is the case of Claimant that her son Sunil Durgappa Huchinamani met with an accident on 1/4/2013 at 4.00 p.m. near Government Hospital at Balgaum due to rash and negligent driving of a lorry bearing registration number KA-48/5177 (for short, 'offending vehicle') by its driver. At the time of accident, the deceased was riding motorcycle bearing registration No. KA-22-EZ-1320. When he was turning his vehicle towards the government hospital, Belgaum, offending lorry came from Chenamma Circle side in a rash and negligent manner and dashed against the deceased, as a result of which he sustained fatal injuries and while undergoing treatment died on the same day. The claimant is mother of the deceased.

(3.) Respondent No. 1 was exparte before the tribunal (who is appellant in M.F.A. No. 100579/2015). Respondent No. 2-insurer denied the contentions of the claimant and further stated that accident occurred due to negligence of the rider of the motorcycle. Its liability is restricted to terms and conditions of policy of insurance and holding of valid and effective driving license by driver of the offending vehicle. With these reasons prayed to dismiss the petition.