HARIJANA GUNDAMMA Vs. K VIRUPAKSHI

JUDGEMENT

(1.) The claimants being dissatisfied with the common judgment and award dated 25.2.2012, passed in MVC Nos.769, 770 and 771 of 2011, by the MACT-II, Bellary, have filed these appeals.

(2.) It is the case of the claimants before the tribunal that, on 29.3.2011, while deceased Basavaraju @ Hari jana Basappa and others proceeding in auto-rickshaw bearing registration No.AP 02/X 1633 from Rayadurga to Netrapali, the driver of the said auto-rickshaw was driving the vehicle slowly and cautiously and at about 7.30 p.m., the driver of the tractor and trailer bearing registration No.AP 02/X 1718 and AP 02/X 1720 drove the same in a rash and negligent manner from opposite direction and dashed to the said auto-rickshaw near RDT Hospital on Rayadurga-Ananthapur road. As a result of the accident, Basavaraju @ Harijana Basappa sustained grievous injuries and later, he succumbed to the injuries on the way to VIMS Hospital, Bellary. Other two inmates sustained injuries. Dependents of the deceased Basavaraju @ Hari jana Basappa filed MVC No.769/2011 seeking compensation against the driver, owner and insurer of the offending tractor and trailer. Similarly, other two injured persons Nenavathi Gowri Bai @ Gowri Bai filed MVC No.770/2011 and G.T.Venkateshulu @ Guduse Venkateshulu @ N.Venkateshulu filed MVC No.771/2011 seeking compensation for the injuries sustained by them in the said accident. All the claimants contended that the respondents are jointly and severallyliable to pay the compensation.

(3.) In pursuance of notices, respondents No.1 and 3 appeared before the tribunal . Respondent No.2 remained absent and he was placed exparte. Respondent No.1 has not chosen to file any objections. Respondent No.3 filed the written statement denying that the accident was due to rash and negligent driving by respondent No.1 and that he caused the accident, resulting in the death of Basavaraju @ Hari jana Basappa and also injuries to Nenavathi Gowri Bai @ Gowri Bai and G.T.Venkateshulu @ Guduse Venkateshulu @ N.Venkateshulu. He has denied the age, occupation and income of the claimants. He further contends that there was contributory negligence on the part of the driver of the auto-rickshaw and that the driver of the tractor and trailer was not holding valid and effective licence to drive such category of vehicle as on the date of accident. Therefore, that is violation of policy condition and as such, Insurance Company is not liable to pay any compensation.