VAIJAYANTI Vs. PRALHAD

JUDGEMENT

(1.) The claimants being aggrieved by the Judgment dated 24.12.2012 passed in M.V.C.No.92 to 95 of 2009 on the file of the M.A.C.T. No.III, Bagalkot, have filed this appeal.

(2.) It is the case of the claimants before the Tribunal that on 26.05.2008, Keshwachar Gundachar Katti and his relatives were traveling in Maruti Van bearing No.KA04/ME6538 to Bangalore. When the said vehicle was proceeding on N.H.4 at Hiriyur Bye pass road, Chitradurga district, the said vehicle hit to the lorry bearing No.KA05/A-5499 and thereby accident took place. It is alleged that the driver of the lorry in a negligent manner suddenly applied the break due to which the accident occurred. Due to the impact, Keshwachar Gundachar Katti who was driving the Maruti Van died on the spot and other inmates sustained grievous injuries. The legal representative of Keshwachar Gundachar Katti filed MVC No.95/2009 and the other inmates injured also filed claim petitions in MVC Nos.92, 93, 96 and 97 of 2009.

(3.) The claimants have further stated that Keshwachar Gundachar Katti was a retired Income Tax Officer and getting pension of Rs.15,000/- per month. He was also working as Commercial Tax Advisor cum share business and getting income of Rs.20,000/- p.m. Therefore, the claimants filed the claim petition against the owner and the insurer of the Maruti Van bearing No.KA04/ME6538.