THAMMAIAH Vs. A T HANUMANTHA

JUDGEMENT

(1.) The claimants are in appeal under Section 173(1) of the Motor Vehicles Act, not being satisfied with the quantum of compensation awarded under the judgment and award dated 14/8/2012 in M.V.C.No.247/2011 on the I Additional Senior Civil Judge, MACT-V, Chitradurga.

(2.) The claimants are husband and children of the deceased-palamma. They filed claim petition under Section 166 of the Motor Vehicles Act, claiming compensation for the death of palamma in a road traffic accident occurred on 11-3-2011. It is stated that on 11-3-2011, when the deceased was grazing the cattle near Haikal village on Haikal-Belagatta road, a motorcycle bearing Reg.No.KA-16/R-3494 driven by its driver came from opposite direction in a rash and negligent manner and dashed to the deceased. As a result, the deceased fell down and sustained grievous injuries. Immediately, the deceased was shifted to the District Hospital, Chitradurga for treatment and subsequently to City Central Hospital, Davanagere. But during treatment, the deceased succumbed to the injuries on 27-3-2011. It is stated that the deceased was doing coolie work, grazing the cattle, thereby used to earn Rs.5,000/- per month. Further it is stated that the deceased was contributing her entire earning to the family. The deceased was aged 65 years as on the date of accident.

(3.) On issuance of notice, respondent Nos.1 and 2 appeared before the Tribunal and filed their separate objections. Respondent No.1 denied his rash and negligent driving and further contended that the claimants are not dependants on the earning of deceased as all are major persons. Respondent No.2-Insurance Company in its objections stated that the driver of the motorcycle was not holding a valid and effective driving license as on the date of accident and thereby violated the terms and conditions of the policy. Further it was also contended that the claimants are all major persons and they were not depending on the income of the deceased.