SIDDEGOWDA AND ANOTHER Vs. MAHABELSHWARA NAIKA AND OTHERS

JUDGEMENT

(1.) Claimants in MVC 1908/2009 aggrieved by the judgment and award dated 22nd August, 2012 of the Fast Track Court, Channarayapatna, dismissing the claim petition for compensation have presented this appeal.

(2.) Facts not in dispute are:

(3.) On a complaint lodged by the driver of the KSRTC bus that the rider along with two others on the motor cycle, in a rash and negligent manner while trying to overcome another motor vehicle came to the extreme right side of the road, in the opposite direction, and dashed against the KSRTC Bus, which led to an investigation and a charge-sheet against the deceased rider. Parents of the deceased invoking Section 166 of the Motor Vehicles Act, 1988 (for short "MV" Act) presented a claim petition, registered as MVC 1088/2009, before the MACT for compensation, whence, the respondents registered the claim and on framing issues, the second claimant mother of the deceased was examined as PW.1 and another Range Gowda as PW.2 and marked seven documents Exs. P1 to P7 while for the respondent, the driver of the KSRTC bus was examined as RW.1 and the Extension Officer of New India Assurance Company as RW.2 and marked 10 documents as marked Exs. R1 to R10.