M C RUDRAPPA @ RUDRESH Vs. M H RACHANA

JUDGEMENT

(1.) This appeal is directed against the judgment and award passed by the learned Prl. Civil Judge (Sr.Dn.) & MACT-IV, Davanagre, dated 15.10.2009 in MVC No.904/2006, wherein the petitioner had sought for compensation under Section 166 of M.V.Act, which was allowed in part by awarding compensation of Rs.4,75,800/-. The liability is saddled on the respondents 1 and 2 who are Driver and Owner of Maruthi 800 car bearing Regn. No. KA 17 M 6064.

(2.) For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.

(3.) The substance of the incident is as under: On 24.4.2006, Hanumanthappa, father of the petitioner No.1, husband of petitioner No.2 and son of petitioner No.3 was returning to Mayakonda village after having dinner in the hotel along with his friends. R-1 was driving the vehicle in a rash and negligent manner as a result of which, the car met with accident near Ramagondanahalli-Dyamenahalli road at Kodihalli bridge as a result of which the vehicle toppled in the water due to which Hanumanthappa sustained grievous injuries to his head and later succumbed to the injury. The petitioners filed the petition claiming compensation of Rs.10 lakh.