JAYAMMA Vs. GENERAL MANAGER KSRTC

JUDGEMENT

(1.) This appeal arises out of a fatal accident action. One Narayanappa, a traffic constable having sustained injuries and having died at the spot as a result of a motor accident, his wife and children filed an application under Sec.110A of the Motor Vehicles Act before the Motor Accidents Claims Tribunal, Bangalore, claiming compensation of Rs.80,000. According to the claimants, the motor accident which resulted in the death of Narayanappa was due to the negligence of the respondent and of RW.2, who was the driver of the vehicle bearing No.MYF 2002 belonging to the respondent.

(2.) Respondent's defence was that RW.2 was driving the vehicle with all due care and caution, and the accident took place owing to reasons beyond the control of the driver, and was entirely owing to a sudden failure of the brakes of the vehicle as a result of which RW.2 lost control over the vehicle. Therefore, according to respondent, it was a case of an inevitable accident and that respondent was not liable to pay any compensation. The quantum of the compensation claimed was also disputed.

(3.) The Tribunal accepted the defence of the respondent and dismissed the petition holding that the accident was an inevitable one and there was no negligence on the part of the driver. So far as the compensation was concerned, although evidence was let in, the Tribunal did not go into that question, as on the first point, it held against the claimants. We may point out here that the Tribunal was wrong in not having recorded a finding on that question also.