H J GIRISH Vs. SAROJAMMA ALIAS JAITUNBI

JUDGEMENT

(1.) ON 2.11.1988 at about 2.45 p.m. when deceased Nabisab was going by the Hero Majestic motor cycle bearing No. CNU 5537 near Nalavagal village cross, the tipper lorry bearing No. CNB 8151 driven by its driver rashly and negligently dashed against this moped as a result of which he succumbed to the injuries at the spot. Therefore, the wife and parents of the deceased lodged a claim in M.V.C. 1163/98 on the file of the Prl. Dist. Judge and MACT, Dharwad. The respondents resisted the claim on the ground that the deceased was responsible for the accident. But however after assessing the evidence, the Tribunal has rightly come to the conclusion that lorry was being driven in a rash and negligent manner when the accident occurred and further considering the age and also the income of the deceased, the Tribunal has come to the conclusion that the claimants are entitled for a total compensation in a sum of Rs. 2,41,000/ -. Being aggrieved by this judgment dated 12.2.1998 the owner of the lorry and the Insurance Company preferred this appeal questioning the finding of the Tribunal regarding the rash and negligent driving of the lorry driver, quantum of compensation and also the rate of interest.

(2.) HEARD .

(3.) THE driver who was examined as R.W. 2 has stated that he has given complaint to the police but in actual fact, the complaint was lodged by some other person informing the police in regard to the manner in which the accident took place. The FIR is marked in this case which clearly discloses that the lorry was driven by the driver and it dashed against the motor -cycle. For the foregoing reasons the Tribunal has come to the conclusion that the accident was only due to the rash and negligent driving by the driver of the lorry which finding does not call for interference.