ABDULSAB Vs. BASAVARAJ

JUDGEMENT

(1.) The claimants, being unsatisfied with the judgment and award dated 25.07.2012 passed in MVC No.2174/2010 by the MACT-II, Bijapur, have filed this appeal.

(2.) It is the case of the claimants before the Tribunal that the deceased Sadiq was working as spare driver in truck bearing Reg.No.CNL-7199. On 05.03.2010 the said truck was parked by the driver at Gadag Co-operative Cotton Society godown at Gadag without giving any support to its wheels on slippery road. Deceased was sleeping just by the left side of the said truck. At about 2.00 p.m. the said truck suddenly moved in reverse direction and ran over the deceased who was sleeping. As a result, he sustained grievous injuries and succumbed to the said injuries while undergoing treatment on 05.03.2010. The petitioners have contended that the accident occurred due to the carelessness and negligent parking of the said lorry. The petitioners being parents, wife and daughter of the deceased were depending upon the income of the deceased who was working as driver and was earning Rs.10,000/- per month and was aged about 24 years. Thereby they have suffered loss of dependency. Respondent No.1 is the owner and respondent No.2 is the insurer of the said truck and they are jointly and severally liable to pay the compensation.

(3.) In pursuance of the notice, respondent Nos.1 and 2 appeared before the Tribunal and filed their written statements denying the averments made in the petition. They have denied age, occupation and income of the deceased. They have also denied that the accident was due to negligent act of the driver of the lorry and further contended that there is no nexus between the injuries and the death of the deceased. Therefore, they sought for dismissal of the petition.