RESHMA Vs. K SUDHAKAR REDDY

JUDGEMENT

(1.) The claimants being dissatisfied by the judgment and award dated 24.08.2009, passed in MVC No.1149/2006, by the Principal District Judge and MACT-I, Ballari, have filed this appeal .

(2.) It is the case of the claimants before the Tribunal that on 03.09.2006, the deceased Valisab was proceeding on his Bajaj Motor Cycle bearing Registration No.KA-34/H-5519 along with one Ramesh from Bel lary to Mincheri village. When the deceased was riding the motorcycle slowly and cautiously, at that time, at about 7.30 p.m. on Mincheri-Halakundi road, a lorry bearing registration No.AP-21/U-7077 came from the opposite direction with great speed in a rash and negligent manner and dashed against the motorcycle, due to which, the deceased fel l down and sustained injuries and he was shifted to Danamma Hospital and he took treatment till 07.09.2006 and then succumbed to the injuries on 07.09.2006. The deceased was earning salary of Rs. 6,000/- p.m. by working as a driver in Gajannda Transport Company. Due to the death of the deceased, the petitioners have lost their earning member of the family. Therefore they claimed compensation of Rs. 15,00,000/- against the owner, insurer and the driver of the of fending vehicle.

(3.) In response to the notice, respondents No.1 to 3 appeared before the Tribunal . Respondent No.1 filed objections denying the averments made in the claim petition. He has admitted the age, avocation and income of the deceased and further he denied the manner in which the accident occurred. He has contended that the accident was due to the negligent driving of the driver of motorcycle himsel f. His vehicle is duly insured with respondent No.2, in case the compensation is awarded, the liability be shi fted on respondent No.2.