SUNITHA Vs. BAGYODHAYA MOTORS PVT LTD.

JUDGEMENT

(1.) This appeal is filed by the claimants challenging the judgment and award dated 03.08.2012 passed in by the Motor Accidents Claims Tribunal-II, Bellary (hereinafter referred to as "the Tribunal"), whereby rejected the claim of the claimants.

(2.) Brief facts of the case are that, on 16.01.2006, the husband of claimant No.1 was proceeded in a Tata Sumo bearing registration No.KA.35/M-2604 as a driver-cum-owner of the said vehicle along with his relatives. When he was proceeding near Poultry Farm of Thammenahally on Bellary-Bangalore road, the driver of the said vehicle took the vehicle towards left side and touched the vehicle with the bridge. As a result of which, Thippaiah @ Thippeswamy and other inmates were died on the spot and some of them have sustained grievous injuries.

(3.) Thereafter, wife, minor child and parents of the deceased Thippaiah @ Thippeswamy have filed claim petition under Section 163-A of the Motor Vehicles Act, 1988 in by seeking compensation of Rs.10,00,000/- for the death of Thippaiah @ Thippeswamy.