ANITA AND ORS. Vs. IRAPPA AND ORS.

JUDGEMENT

(1.) Claimants in MVC No. 226/2009 on the file of the Prl. Senior Civil Judge and MACT, Gulbarga, (for short 'MACT'), dissatisfied with the findings fastening liability to the extent of 50% on the insurer of the offending motor vehicle and quantum of compensation by the judgment and award dated 20.11.2012, have presented this appeal.

(2.) In the accident that occurred on 14.07.2008 at about 11.45 pm involving Tata Safari jeep bearing certificate of registration KA -32/M -7789 and Ashoka Leyland lorry bearing certificate of registration KA -01/A -5700, due to which, one Prakash Vishwakarma, an inmate of the Tata Safari jeep succumbed to grievous injuries, led to filing a claim petition under Sec. 166 of the Motor Vehicles Act (for short 'Act') registered as MVC No. 226/2009 before the MACT. Claimants being none other than the young widow aged 26 and two minor children aged 7 and 4, being female and male respectively, along with aged parents, sought compensation on the premise that the Ashoka Leyland lorry driven in a rash and negligent manner from opposite direction dashed against the Tata Safari jeep, head on, whence, the deceased aged 40, holder of a degree in Bachelor of Engineering (Electrical) earning Rs. 35,000/ - per month engaged as a Supervising Engineer, Electrical Consultant Engineer and Agricultural Supervisor with Manik Pawar, a Railway Class I Contractor, the only son of parents, were depending on his income.

(3.) Before the MACT, insurer of the offending lorry resisted the claim by filing statement of objections, inter -alia, advancing the plea that although it was the rash and negligent driving by the driver of Tata Safari jeep which occasioned the accident, nevertheless, a false complaint was registered against the driver of the lorry.