B. LAKSHMAMMA Vs. CHANNABASAIAH

JUDGEMENT

(1.) The claimants being aggrieved by the Judgment and Award dated 25.09.2008 passed in M.V.C.No.1465 of 2007 by the Principal Civil Judge (Sr.Dn) and JMFCcum- MACT-IV, Hospet (for short the 'Tribunal') have filed this appeal.

(2.) It is the case of the claimants before the Tribunal that the deceased-Jambanna was permanent resident of Devalapura village in Hospet Taluka. He died in motor vehicle accident. Petitioners are the legal heirs of deceased-Jambanna. Jambanna was working as a mason and doing agricultural work and earning Rs.8,000/- per month. On 14.10.2007, deceased- Jambanna was coming to his native place-Develapur on his Hero Honda motorcycle bearing registration No.KA- 35/J-505. When he was proceeding near Mariyammanahalli Thanda Bus shelter at 11.30 a.m. a Bus bearing Registration No.KA-37/F-170 came from opposite direction and in a rash and negligent manner and dashed to the motorcycle of deceased-Jambanna, due to the same he sustained sever injuries and succumbed on the spot. Respondent No.1 was the driver of the Bus and respondent Nos.2-North East Karnataka Road Transport Corporation, Koppal Division, Koppal (for short 'Corporation') is the owner cum insurer of the Bus. Therefore, the claimants claimed compensation of Rs.16,10,000/- against the respondents.

(3.) In response to the notice, respondent Nos.1 and 2 appeared before the Tribunal, respondent No.2 filed written statement which was adopted by the respondent No.1, they have denied the case of the petitioners. They have contended that the deceased himself was responsible for the accident; he drove the motorcycle in a rash and negligent manner and dashed against the right side of the Bus. Therefore, owner and insurer of the motorcycle are necessary parties. Hence, the claim petition be dismissed.