K. LOKAIAH Vs. R. MANI RAJU

JUDGEMENT

(1.) These three appeals have arisen out of the two awards from the claims of same accident.

(2.) The factual matrix is that on 10.01.2006 while the deceased G. Subramanyam Raju, as a rider along with his friend Lokaiah(claimant in O.P.No.174 of 2007) as a pillion rider were going on a Hero Honda Splendour motor cycle supra on the extreme left side and when they reached near Vethala Thaduku village, Narayanavanam Mandal, at about 00 A.M., the tractor supra being driven by the rash and negligent driving of its driver dashed to the motor cycle, due to which the rider Subramanya Raju died on the spot and Lokaiah received grievous injuries. The driver of the tractor took Lokaiah to Community Health Centre, Puttur and taking advantage of the injuries of Lokaiah, prepared a false complaint and obtained signature of Lokaiah and lodged a complaint before Narayanavanam police station against the deceased to escape from punishment. Said Lokaiah after regaining consciousness, filed a private complaint against driver of Tractor.

(3.) Heard learned counsel for respective claimants who submits that the tribunal gravely erred in dismissing the claim once there is involvement of the tractor and trailer also instead of awarding compensation, for claim under section 163-A of the Act, there is no need to plead or prove negligence of rider of bike or opposite vehicle against which the claim is maintained for the compensation to award as per schedule II of the M.V.Act and thereby to allow the claims and in the injuries claim saying the said amount awarded is utterly low as the injured also suffering with permanent disability which effects his avocation and in death claim submits that the deceased was RTC driver earning at about Rs.10,000/- p.m. as salary and aged about 49 years and the claimants lost breadwinner and thereby entitles to compensation and the dismissal as wrong.