MALU RAJU HUNSHIMARAD Vs. MILIND R NAIK

JUDGEMENT

(1.) The claimants being aggrieved by the Judgment and Award dated 20.01.2015 passed in M.V.C.No.1164 of 2014 by the Fast Track Court-II and Additional M.A.C.T., Belagavi (for short the 'Tribunal') have filed this appeal.

(2.) It is the case of the claimants before the Tribunal that on 06.06.2013 at 18.15 hours near Kondaskopp cross, on National Highway-4, the driver of the Tipper bearing registration No.GA-05/T-8978, owned by first respondent and insured with second respondent, drove the same in a rash and negligent manner and dashed to the motorcycle bearing registration No. KA-22/EF-6807 owned by the 1st respondent, wherein the husband of the 1st petitioner, father of petitioner Nos.2 to 4 as well as son of petitioner No.5 namely Raju sustained fatal injuries and died on the spot. Therefore, the claimants filed claim petition against the owner and insurer of the offending vehicle claiming compensation amount of Rs.25,00,000.00.

(3.) In pursuance of the notice respondent Nos.2 and 3 appeared through their counsels. Respondent No.1 remained absent and was placed ex-parte. Respondent No.2 filed the written statement denying the total averments made in the claim petition. However, admitted issuance of policy of insurance in respect of the offending vehicle. He has denied all other allegations and contended that the accident occurred due to the rash and negligent driving of driver of the other vehicle. The driver drove the vehicle without wearing helmet. Therefore, he prayed for dismissal of the petition. Respondent No.3 has not filed any written statement.