HALIMA Vs. RAGHAVENDRA N. SHIRABUR

JUDGEMENT

(1.) The claimants being aggrieved by the Judgment dated 22.07.2013 passed in M.V.C.No.749 of 2012 by the Principal Senior Civil Judge and Additional M.A.C.T., Athani have filed this appeal.

(2.) It is the case of the claimants before the Tribunal that on 01.01.2012 Mubarak son of Davalsab Mukkeri, the husband of petitioner No.1, father of petitioner Nos.2 to 4 and son of petitioner Nos.5 and 6 was traveling in the Truck bearing No.KA-29/7009 as a cleaner and it was driven by one Shrishail Mallappa Valakoti of Jamakhandi. When the Truck was so proceeding with the load of maize bags to Sangli via Athani, near Sai Mandir at Athani on Athani- Jamakhandi road, the driver stopped the said Truck and asked the cleaner/Mubarak to see the Maize bags. Accordingly, while he was standing in the cleaner side door of the Truck the driver suddenly jerked the vehicle by driving in a rash and negligent manner, as a result, Mubarak fell down and sustained grievous injuries to his head, leg and back and other parts of the body. He was initially shifted to Dr.S.S.Patil's Hospital at Jamakhandi, then he was shifted to Sanjeevani Hospital, Bijapur. Inspite of providing good treatment, he succumbed to the injuries on 22.01.2012. The deceased was earning Rs.4,000/- per month as salary and daily batta of Rs.50/-. Therefore, the claimants filed the claim petition seeking compensation of Rs.25,00,000/- against the owner and insurer of the offending vehicle.

(3.) Respondent Nos.1 and 2 appeared before the Tribunal on receipt of the notice. Respondent No.1 filed the written statement and admitted that he is the owner of the Truck which was duly insured with respondent No.2. He has denied the petition averments as false and concocted.