KRISHNA NAIK Vs. MD KALEEM

JUDGEMENT

(1.) The present cross-objection has been filed by the cross-objectors/claimants challenging the quantum of compensation awarded in the judgment and award dated 17.06.2010 passed by the XI Additional M.A.C.T., Bellary (hereinafter referred as "Tribunal") in MVC No.672/2008.

(2.) The brief facts of the case are that the claimants have filed claim petition claiming compensation by contending that their son by name Goutam was proceeding on a motorcycle bearing registration No.KA-34/S-1700 as a pillion rider on Bellary-Bangalore road and when the said motorcycle came near Dr. Swamy Garden, at that time another motorcycle bearing registration No.KA-34/Q-8892 came rashly and negligently and dashed to the motorcycle on which the said Goutam was proceeding. As a result of the same, he fell down and sustained grievous injuries and died on the spot. It is contended that the deceased was aged about 18 years and had completed his pre-university education and he was doing coolie work by earning more than Rs.4,000/- per month. For having lost their son, the claimants have filed claim petition seeking compensation under section 166 of M.V. Act.

(3.) In response to the notice, respondent No. 1 to 3 appeared before the Tribunal but respondent No.1 and 2 did not file their written statements. Respondent No.3 filed his written statement. By denying the contents of the claim petition he further contended that the rider of the motorcycle was not holding valid and effective driving licence and there is a breach of terms and conditions of the policy and as such he is not liable to pay any compensation. He further contended that the claimants have suppressed the true facts. The alleged accident has not taken place due to the fault of the driver of the offending vehicle and there is a contributory negligence on the part of the rider of the motorcycle on which the deceased was proceeding. He further contended that there was contributory negligence on the part of both the vehicles involved in the accident and the compensation has to be apportioned accordingly. On these grounds he prayed for dismissal of the claim petition.