M HANNA NAIK S/O M NEELA NAIK AND ORS Vs. R NANDA NAIK S/O HANUMA NAIK AND ORS

JUDGEMENT

(1.) Appellants in this appeal are challenging the legality and correctness of the judgment and award dated 16th May 2009 made in MVC No.244/2008 passed by the Motor Accidents Claims Tribunal, Bellary (hereinafter referred to as 'the Tribunal' for short) insofar as quantum of compensation is concerned and also with regard to fastening the liability on the owner of the vehicle to compensate the claimant.

(2.) The appellants are father and mother of the deceased Thippeswamy Naik who died in the road traffic accident occurred on 8-1-2008 filed a claim petition contending that their son Thippeswamy Naik while proceeding towards main road of Honnahalli village on the correct side of the road, the tractor bearing registration No.KA-34/T-4981 belonging to the first respondent driven by its driver in a rash and negligent manner dashed against the said Thippeswamy Naik. Due to the said accident, Thippeswamy Naik sustained grievous injuries over the head and chest and died on the spot. At the time of death, Thippeswamy Naik was aged about 5 years and he was the only male child of the appellants. He had a bright future. Due to his death, the claimants have lost their successor who was to take care of them during their old-age and sought for compensation of Rs.5,00,000/-.

(3.) Though the owner and driver of the offending vehicle were served with notice, they have not filed any written statement to the claim petition. Whereas, the Insurer of the Tractor had filed written statement and admitted that the tractor bearing registration No.KA-34/T-4981 is insured with them. However, they denied the liability to pay the compensation on the ground that the driver of the said tractor did not possess the valid driving license to drive a particular type of vehicle and the owner of the vehicle entrusted the said vehicle to an unauthorized person, thereby violated the conditions of the policy and sought for dismissal of the claim petition as against the Insurer.