SURESH Vs. ASHOK

JUDGEMENT

(1.) The claimants are before this Court, assailing the saddling of liability on the owner and also not being satisfied with the quantum of compensation awarded under judgment and award dated 01.08.2011 in MVC Nos.1854 and 1853 of 2009 on the file of Motor Accident Claims Tribunal and Fast Track Court-I/II, Bijapur.

(2.) The claimants filed claim petitions under Section 166 of the Motor Vehicles Act, claiming compensation for the injuries suffered by them in a road traffic accident occurred on 08.09.2009. It is stated that on 08.09.2009, while the claimants were travelling on motorcycle bearing Reg. No.KA-28-U-4087, a three wheeler LGV Goods Carrier (van) Piaggio Ape vehicle bearing Reg. No.KA-28-A-7664 came from the opposite direction in a rash and negligent manner and dashed to the motorcycle, due to which the claimants sustained injuries. It is stated that prior to the accident, the claimants were earning more than Rs.8,000/- per month by doing goundi work and they have suffered fractures.

(3.) After service of notice, respondent No.2 insurance company appeared before the Tribunal and filed its objection, denying that the accident took place due to the rash and negligent driving of three wheeler vehicle bearing No.KA-28-A-7664. Further, it is contended that the driver of the offending vehicle was not holding effective driving licence as on the date of accident.