SHARANAPPA Vs. MANAGING DIRECTOR, NEKRTC, KALABURAGI

JUDGEMENT

(1.) The petitioner is the father of the deceased Ashok Golnoor, who died in a road traffic accident on 20-8-2010 is before this Court for a writ of certiorari to quash the order dated 16-2-2016 made in MVC No. 513/2011 on the file of the Motor Accident Claims Tribunal, Gulbarga rejecting the application to permit the petitioner to amend his claim petition.

(2.) The only son of the 1st petitioner Sri Ashok Golnoor died in a road traffic accident on 20-8-2010 on account of rash and negligent driving of the driver of the bus bearing No. KA-32/F-963. Therefore, the father, wife, daughter and son of the deceased have filed a claim petition in MVC No. 513/2011 before the Claims Tribunal under the provisions of Section 166 of the Motor Vehicles Act claiming compensation from the respondent-Corporation. After contest, the Tribunal recorded a finding that the deceased Ashok Golnoor, the son of the first petitioner died in a road traffic accident on account of rash and negligent driving of the driver of the bus. The respondent-Corporation has failed to prove that the deceased has contributed for the accident and the claimants are entitled for compensation. Accordingly, the Tribunal by an award dated 29-2-2012 awarded compensation of Rs. 27,17,600/- along with interest at 6% per annum from the date of petition till its realization.

(3.) It is also not in dispute that aggrieved by the said judgment and award passed by the Tribunal awarding compensation in favour of the claimants, the respondent - Corporation filed an appeal in MFA No. 31050/2012 before this Court. The Division Bench of this Court after hearing both the parties by its order dated 22-10-2013 dismissed the appeal by confirming the judgment and award passed by the Tribunal. The judgment and award passed by this Court has reached finality.