SMT SUSHEELAMMA Vs. G.M. BHOOTHARAJU

JUDGEMENT

(1.) Appellants have filed this appeal challenging the legality and correctness of the judgment and award dated 04-07-2011 made in MVC No. 1632/2008 passed by the Principal Civil Judge (Sr.Dn.) and CJM, Tumkur (hereinafter referred to as 'the trial Court' for short) dismissing the claim petition filed by them.

(2.) The appellants are the wife and children of the deceased Ramaiah @ Ramachandrappa. They filed a claim petition contending that on 6-7-2008, while the deceased Ramaiah @ Ramachandrappa was proceeding in his motorcycle bearing Registration No. KA-44/E-3657 on the left side of the Hunaseghatta road on Tiptur-Channrayapatna at about 9.15 p.m., a Tractor and Trailer bearing Registration No. KA-06/TA-437-438 driven by its driver in a rash and negligent dashed against the motorcycle and caused accident. Due to that, the deceased fell down and sustained grievous injuries all over the body. Immediately after the accident, he was shifted to the Government Hospital at Tiptur, thereafter he was shifted to NIMHANS. However, he succumbed to injuries on 07-07-2008 at about 5.30 a.m. In the claim petition, it was contended that the deceased was doing agricultural work and also mason work and earning Rs. 10,000/- per month. The family has lost the bread earner and hence sought for compensation of Rs. 20,00,000/-.

(3.) In response to the notice issued by the Trial Court, the respondents entered appearance and filed written statement. Respondent No. 1 denied the claim petition in to and contended that the offending vehicle was insured with the second respondent and insurance policy was in force as on the date of accident, hence sought for dismissal of the claim petition as against the first respondent.