ASHOK Vs. FARUKAHAMAD

JUDGEMENT

(1.) The owner of the trailer being aggrieved by the common judgment and award dated 17.4.2012, passed in MVC Nos. 173/2010 and 221/2009, by the Senior Civil Judge and MACT, Hangal , has filed these appeals.

(2.) It is the case of the claimants before the tribunal that on 6.3.2009 at about 4.30 a.m. , on Hangal-Mundgod road, near forest check post of Kopparasikoppa village, when the deceased Mailarappa was going on his motorcycle bearing registration No.KA-27/K-1765, towards Kopparasikoppa side along with the petitioner in MVC No.173/2010, as a pillion rider, the driver of the tractor trailer No.KA-27/T-3571 and KA-27/T- 4698, drove the same in a rash and negligent manner from Hangal side and dashed against the motorcycle. Due to the impact Mailarappa sustained head injury and died on the spot and the pillion rider sustained grievous injuries.

(3.) Mvc No.221/2009 was filed by the legal representatives of the deceased Mailarappa. They have contended that the deceased was hale and healthy and was doing mason work and earning Rs.7,000/- per month and contributing the same for the family. Due to his untimely death, they have lost their dependency and therefore, they claimed compensation of Rs.22,25,000/- against the owners and insurers of both the tractor and the trailer.