(1.) BEING aggrieved by the judgment and award dated 29-10-1986 passed by the Motor Accidents Claims Tribunal and district Judge, Dharwad, in M. V. C. No. 312 of 1983 dismissing the claim petition, the appellants have preferred this appeal.
(2.) THE brief facts leading to this appeal are the deceased dhanikumar was working as the driver of the vehicle bearing no. TNC 4795 owned by one Loganathan-respondent 1. On 29-1-1983 the said Dhanikumar had taken the lorry from davangere to Ranebennur and after unloading certain goods it was reloaded with cattle feed in the said truck. He left ranebennur at about 7-15 p. m. and he was driving his vehicle towards Davangere. When he reached Makanur cross, the vehicle dashed against a stationary truck bearing No. MHF 1336 owned by the 3rd respondent, M. H. Rajpal and insured with the 5th respondent herein. As a result of this impact, the driver dhanikumar succumbed to the injuries. Therefore, the legal representatives of the deceased Dhanikumar lodged a claim under Section 110-A of the Motor Vehicles Act.
(3.) THE 2nd respondent with whom the lorry No. TNC 4795 was in sured and the 5th respondent with whom the lorry No. MHF 1336 was insured resisted the claim petition on various grounds. However, the owners of these two lorries have not filed any written statement.