BASAVARAJ & ANR. Vs. CHIKKANNA & ANR.

JUDGEMENT

(1.) Appellants are the claimants. Being not satisfied with the quantum of compensation awarded by the Additional Motor Accident Claims Tribunal, Hubli (hereinafter referred to as 'the Tribunal', for short), by its judgment and award dated 2nd February, 2011 passed in M.V.C. No. 714/2004, appellants have filed this appeal seeking enhancement of compensation.

(2.) Appellants are the father and the mother of deceased Rachappa. They filed the claim petition contending that, on 17.4.2004, the deceased Rachappa was proceeding on Hubli-Gadag road on Bajaj M-80 motor cycle bearing registration No. KA-26/E-6995 along with the pillion rider and when he was near Annigeri Cross, a lorry bearing registration No. KA-34/6678, driven by its driver in a rash and negligent manner, dashed against the motor cycle to its hind portion. Due to the said impact, said Rachappa as well as the pillion rider fell down and sustained grievous injuries and said Rachappa succumbed to the injuries. The claimants claimed that the deceased Rachappa was aged 28 years and was working as an agent of Samyukta Karnataka and Times of India daily newspapers, and was also working in Rakshaka Pharma and thereby he was earning an income of Rs. 25,000 per month. They also contended that due to rash and negligent driving of the offending lorry, their son died in the accident and thereby they lost the bread earner of the family. They further contended that since the offending lorry was insured with the 2nd respondent, the owner as well as the insurer were liable to compensate them and hence, they sought for compensation of Rs. 40,00,000.

(3.) The Insurance Company filed the written statement denying the averments made in the claim petition inter alia contending that Rachappa was riding the motor cycle in rash and negligent manner and was not holding valid and effective driving licence as on the date of accident. Hence, they are not liable to compensate the claimants.