VIMAL Vs. SANTOSH

JUDGEMENT

(1.) The owner of the vehicle and the claimants being aggrieved by the judgment and decree dated 18.09.2013 passed in M.V.C.No.2113 of 2011 by the Member Motor Accident Claims Tribunal, Khanapur (fort short the Tribunal ) have filed these appeals.

(2.) It is the case of the claimants before the Tribunal that 02.07.2010 at about 6.30 p.m. in the public place namely on Kacha road, leading to water tank and the lands of various persons, lying towards eastern side of NH-4A, near Hebbal, the first respondent/the driver of the Tractor and Trailer bearing registration numbers KA-25/4039 and KA-25/T-267 respectively, took the same reverse in a rash and negligent manner and dashed to the husband of the first petitioner and father of petitioner Nos.2 and 3, namely Ramchandra, causing his death. Therefore, the claimants filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short the Act ) claiming compensation amount of Rs.10,00,000/- against the driver, owner and insurer of the offending vehicle.

(3.) In response to the notice, respondent Nos.1 to 3 appeared before the Tribunal, respondent No.2 filed written statement which was adopted by the respondent No.1 they have admitted the accident, death of deceased-Ramchandra due to the accidental injuries. They also admitted that respondent No.2 is the owner of the offending vehicle and the same have been insured with respondent No.3. Respondent No.3 has filed written statement, he has admitted issuance of insurance policy in respect of the offending vehicle and he has denied all other allegations made in the claim petition. He further contended that the alleged accident took place in a private land and police did not file charge-sheet for the offence under Section 279 of I.P.C. hence, there is no rash or negligent driving of the offending vehicle by its driver in a public place. Therefore, the petition be dismissed.