IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2019 PRESENT THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA AND THE HON’BLE MR.JUSTICE SACHIN SHANKAR MAGADUM M.F.A.NO.28/2016(MV-D) BETWEEN 1. MANGALAMMA W/O LATE HANUMANTHARAYAPPA, AGED ABOUT 47 YEARS, 2. MOHAN KUMAR S/O LATE HANUMANTHARAYAPPA, AGED ABOUT 27 YEARS 3. REKHA D/O LATE HANUMANTHARAYAPPA, AGED ABOUT 23 YEARS, 4. SIDDALINGAIAH S/O LATE THIMMAIAH, AGED ABOUT 74 YEARS, 5. SAKAMMA W/O SIDDALINGAIAH, AGED ABOUT 68 YEARS, ALL ARE RESIDING AT K.G.PALYA, OORUKER POST, TUMKUR TALUK - 572 106. ... APPELLANTS (SMT.MANGALAMMA & OTHERS APPEALLANTS VIDE ORDER DATED 10.10.2019) AND 1. SIDDARAJU S/O SIDDARAMAIAH, AGED ABOUT 29 YEARS, R/AT K.G.PALYA, NARASAPURA, OORUKER POST, TUMKUR TALUK - 572 106.
2. THE NATIONAL INSURANCE COMPANY LTD., REPRESENTED BY ITS MANAGER BEHIND KRISHNA THEATRE, M.G.ROAD, TUMKUR TOWN - 572 101. ... RESPONDENTS (BY SRI N GOPALKRISHNA, ADVOCATE FOR R1 SMT.MANJULA N. TEJASWI, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:15.06.2015 PASSED IN MVC NO.78/2011 ON THE FILE OF THE 6TH ADDITIONAL DISTRICT & SESSIONS JUDGE, TUMKURU, DISMISSING THE CLAIM PETITION FOR COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, SATYANARAYANA J., DELIVERED THE FOLLOWING:
JUDGMENT The claimants in MVC No.78/2011 on the file of VI Additional District and Sessions Judge, Tumakuru, have come up in this appeal impugning the judgment and award dated 15.06.2015 in dismissing the claim petition. Admittedly, the claim petition was filed by the widow, children and parents of deceased Hanumantharayappa seeking compensation for his death in a road traffic accident dated 08.04.2010. The records would indicate that on the ill-fated day deceased - Hanumantharayappa was traveling as a pillion rider along with his son on a motorcycle bearing registration No.KA 06-EC-5755 and when they were proceeding towards Tumukuru near K.G.Palya-Oorukere road curve, a Bajaj bike bearing registration No.KA.06-ED 6555 driven by its rider came in a rash and negligent manner from opposite side (Tumakuru) and dashed against the said motorcycle resulting in the death of Hanumantharayappa.
2. Thereafter, the Bellavi Police have registered a complaint in Crime No.30/2010. On investigation, they have filed a charge sheet against deceased - Hanumantharayappa for having caused the accident by riding his motorcycle bearing No.KA-06.EC-5755 in a rash and negligent manner. Subsequently, claim petition is filed by the widow, children and parents of deceased - Hanumantharayappa seeking compensation for his death against the owner and rider of the Bajaj bike involved in the accident and its insurer.
3. In the proceedings before the Tribunal, the claimants were not able to establish that the accident is caused due to rash and negligent driving of respondent No.1 –rider of the motorcycle bearing No.KA.06-ED 6555. On the contrary, in the evidence which was recorded it is established that the accident is caused due to rash and negligent driving of deceased - Hanumantharayappa himself. It is in this background, the claim petition which was filed by the widow, children and parents of deceased is rejected by judgment and award dated 15.06.2015. As against that, the present appeal is filed by the claimants in MVC No.78/2011.
4. Perused the grounds of appeal and as well as the findings rendered by the Tribunal on issues 1 to 5 framed therein and also the evidence of PW1 and as well as RW1. On perusing the evidence available on record, it is clearly seen that the claimants before the Tribunal have failed to establish that the accident is caused due to rash and negligent driving of respondent No.1 involving his vehicle bearing registration No.KA-06-ED 6555. In that view of the matter, the judgment and award passed by the Tribunal appears to be just and proper. Therefore, question of interfering with the same does not arise. Accordingly, the appeal is dismissed.
Sd/- JUDGE Sd/- JUDGE TL