P.G.M.PATIL,J. - (1.)The claimants being aggrieved by the Judgment dated 09.07.2012 passed in M.V.C. No. 601 of 2008 by the III Additional Senior Civil Judge and Additional M.A.C.T., Belagavi (for short 'the Tribunal') have filed this appeal.
(2.)It is the case of the claimants before the Tribunal that on 01.05.2007 one Ningappa was proceeding as a pillion rider along with one Pundalik Muttalamuri on motorcycle bearing No. KA-22/S-4482 from Itagi cross to M.K. Hubli and when they came on Malaprabha river bridge, one Toyota Corolla No. KA-03/GA-7777 came from behind in a high speed with rash and negligent manner and dashed to the motorcycle, due to impact Ningappa sustained grievous injuries on the vital parts of the body and rider also sustained injuries. Soon after the accident, the inmates of the Car then the Hon'ble Minister Karjol arranged to shift the deceased-Ningappa and rider of the motorcycle to P.H.C., M.K. Hubballi and thereafter to K.L.E. Hospital, Belagavi. Ningappa was operated in the hospital and was under fallow up treatment, he died on 01.07.2007. The claimants have stated that the deceased was doing agriculture, growing commercial crops like sugarcane, chillies, tomatoes etc. and was earning Rs. 2,50,000/- per annum. Therefore, they filed claim petition seeking compensation against the respondent-State as the offending vehicle belongs to the State.
(3.)Similarly, the rider of the motorcycle Pundalik also filed a claim petition, which was registered in M.V.C. No. 602 of 2008. Both claim petitions were heard together and disposed of by common Judgment by the claims Tribunal.