LOKESHA DYAVEGOWDA Vs. BRANCH MANAGER

JUDGEMENT

(1.) Appellant is the claimant being not satisfied with the quantum of compensation and also fastening the liability on the owner of the vehicle to compensate the claimant, filed this appeal challenging the judgment and award dated 28-2-2012 made in MVC No.1964/2008 on the file of Additional Senior Civil Judge and Additional MACT., Hassan (hereinafter referred to as ' the Tribunal').

(2.) The appellant filed the claim petition contending that on 13-9-2008, when his father deceased Dyavegowda after finishing the work in the field, was returning to his house, near the field of Patel Shivaram, Doddagenigere village, a Tractor and Trailer bearing No. KA 13-A-4003 came from Chikkageniegere side in a rash and negligent manner and dashed against the said Dyavegowda. As a result, Dyavegowda sustained fatal injuries and succumbed to the injuries on the spot. The son of the deceased filed a claim petition contending that at the time of accidental death, the deceased was aged about 45 years. He was earning Rs.13,000/- per month by doing agricultural work. Due to rash and negligent driving of the Tractor and Trailer which was insured with the 2nd respondent, the accident has occurred. Hence, both respondent Nos. 1 and 2 are liable to pay the compensation of Rs. 15,00,000/-.

(3.) In response to the notice issued by the Tribunal, the owner of the vehicle entered appearance and filed written statement denying the entire averments made in the claim petition and contended that as on the date of the accident, the Tractor and Trailer was insured with the 2nd respondent. Hence, the insurance company has to pay the compensation to the claimant.