SIDRAMAPPA Vs. AHAMED SAB

JUDGEMENT

(1.) This appeal filed by the appellant/claimant for enhancement against the judgment and award dated 03.07.2013 made in MVC.No.204/2011 on the file of Addl. Senior Civil Judge and MACT at Gulbarga awarding compensation of Rs.3,42,000/- from the date of petition till realization.

(2.) It is the case of claimant/unfortunate father of the deceased that on 14.11.2011 the deceased Dayanand came to Gulbarga for festival in order to meet his father on that day at about 11.00 a.m. When he was proceeding towards his village Hawanoor on Gulbarga- Afzalpur main road extremely on left side of the road, slowly cautiously, at that time, a Lorry bearing Reg.No.KA-22-2066 came from opposite direction in a high speed, rash and negligent manner endangering to human life, without control over his vehicle, in wrong side and dashed against the deceased vehicle caused accident and deceased died on the spot. It was further contended that prior to the accident the deceased was aged about 22 years and he was completed Master of Fine Art Degree. He was working in a private company and getting salary of Rs.24,000/- per month. He was contributing his entire income to the whole family and he was the only earning member of the family. The respondents No.1 and 2 are the owner and insurer of the offending vehicle. Therefore, both respondents are jointly and severally liable to pay compensation. Hence, claimant sought for allowing the petition by awarding compensation of Rs.42,54,000/- in terms of the provisions of Section 166 of M.V. Act. 1989.

(3.) The respondent No.1 placed ex-parte and the respondent No.2 appeared through its counsel and filed written statement denying the allegations made in the claim petition. It was further denied the age, income and occupation of the deceased. It was denied that accident has taken place due to rash and negligent driving of the driver of Lorry bearing Reg.No.22-2066. It was further submitted that driver of offending Lorry did not possess valid and effective driving license to drive the said vehicle and the accident had occurred due to negligence on the part of deceased. As such owner and insurer of the motorcycle are not liable to pay the compensation and prayed for dismissal of the claim petition.