LAWS(KAR)-1979-3-26

T.M. RENUKAPPA Vs. FAHMIDA AND OTHERS

Decided On March 20, 1979
T.M. Renukappa Appellant
V/S
Fahmida And Others Respondents

JUDGEMENT

(1.) THE above miscellaneous first appeal is directed against the judgment and award passed by the district judge, Chitradurga, in M.V.C. 12/71 dated November 5, 1976, fixing the liability of the insurer at Rs. 10,000 out of the total of the compensation of Rs. 25,048 and the owner of the vehicle bearing number MYT 3887 for payment of the balance amount to respondents Nos. 1 to 4.

(2.) THE appellant is the owner of the lorry bearing No. MYT 3887. Respondents Nos. 1 to 4 are the claimants. Respondent No. 5 is the insurer. Respondent No. 6 is the driver.

(3.) FACTS of the case are that Mohammed Ameer was travelling from Davanagere to Hariyur with his goods loaded in the vehicle No. MYT 3887. At 101/2 milestone near Vani Vilas Sugar Mills, Hariyur Town, the lorry dashed against another vehicle bearing No. HMT 2672, which was parked for some repairs, as a result of which Mohammed Ameer sustained injuries. He was removed to Hariyur hospital and from there he was removed to the hospital at Chitradurga in a car where he succumbed to the injuries. According to the claimants the death was due to the rash and negligent driving by the 6th respondent.