KAVITA Vs. SUREKHA P.KAMMAR

JUDGEMENT

(1.) The claimants being aggrieved by the judgment and award dated 05.02.2016 passed in MVC No.882/2014 on the file of the V Additional District and Sessions Judge and MACT-VI, Belagavi (for short 'the Tribunal') have filed this appeal seeking enhancement of compensation.

(2.) It is the case of the claimants before the Tribunal that, petitioner No.1 is the wife, petitioner No.2 and 3 are the minor children and petitioner Nos.4 and 5 are the parents of the deceased Nagendra @ Nagesh. On 16.12.2013 at about 18.10 hours, the deceased was proceeding from Belagavi to Satnali village in a motorcycle bearing No.KA-31/R-7426 in a normal speed. When he reached near Ramapur village on Bidi-Alananavar road, a motorcycle bearing No.KA-22/TRE-2248 riding by its rider was coming from opposite direction in a rash and negligent manner and while overtaking the truck, dashed against the motorcycle of the deceased. Due to the said impact, the deceased sustained grievous injuries to the vital parts of the body and died on the spot. The deceased was hale and healthy and he was aged about 30 years. He was expert and experienced in business of purchasing and selling of vegetables on wholesale basis and earning Rs.20,000/- to Rs.25,000/- p.m. and out of the said income, the deceased used to maintain himself and his family members. Due to the sudden death, the petitioners have lost their dependency. The minors and parents have lost love and affection. The accident in question occurred due to rash and negligent riding of the offending motorcycle bearing No.KA-22/TRE-2248, respondent No.1 being the owner and respondent No.2 being the insurer of the offending vehicle are jointly and severally liable to pay the compensation of Rs.50,00,000/-.

(3.) In response to the notice, respondent Nos.1 and 2 appeared before the Tribunal. Respondent No.2 filed written statement denying the entire case of the petitioners and further contended that the petitioners have created false story in order to get compensation. He further contended that the accident in question occurred solely due to rash and negligent riding of the motorcycle bearing No.KA-22/TRE-2248 by the deceased himself and therefore, the petitioners are not entitled for any compensation against him. In the alleged accident, two vehicles are involved and owners and insurers of both the vehicles are necessary parties and hence, the petition is not maintainable. Therefore, sought for dismissal of the claim petition. Respondent No.1 has not filed any written statement.