THAYAMMA Vs. KUMARAA AND ANOTHER

JUDGEMENT

(1.) Appellant is the claimant. Being aggrieved by the judgment and award, dated 20th July, 2011 made in MVC No. 120/2009 by the Motor Accident Claims Tribunal, Arkalgud (hereinafter referred to as 'the Tribunal' for short), fastening liability on the owner of the vehicle to compensate the claimant he has filed this appeal.

(2.) Appellant is the wife of deceased Ramegowda, she filed a claim petition contending that on 15-4-2009, the deceased Ramegowda after finishing Friday cattle business at Arkalgud, while returning to his village on Arkalgud-Mallipatna Road at about 4.30 p.m., on the left side of the road, near Adikebommanahalli, a goods auto bearing Registration No. KA-42/S-1404 came from opposite direction in a rash and negligent manner, dashed against the deceased. Due to that, he fell down and sustained fatal injuries. Immediately after the accident, he was shifted to the Government Hospital by Papegowda. However, he died on the way to the hospital. In the claim petition, it was contended that the deceased was earning Rs. 9,000/- p.m., at the time of death, he was aged about 65 years, the family has lost the bread earner. Hence sought for compensation of Rs. 5,00,000/-.

(3.) In response to the notice issued by the Tribunal, the respondents 1 and 2 filed written statement. The respondent No. 1 in the written statement denied the rash and negligent driving of the goods auto by its driver. Due to negligence on the part of the deceased while walking on the middle of the road, the accident occurred. As on the date of accident, the insurance policy was in force, hence sought for dismissal of the claim petition as against Respondent No. 1. The second respondent in the written statement denied the entire averments made in the claim petition and denied rash and negligent driving of the goods auto. Due to negligence on the part of the deceased himself, the accident occurred. The driver of the goods auto was not having valid and effective driving license as on the date of accident and also there is violation of terms and conditions of the insurance policy. Hence, insurance company is not liable to compensate the claimant.