Back
T. G. SHIVASHANKARE GOWDA
Chikkamunivenkatappa S/o Late Chennappa – Appellant
Versus
K. Asif S/o Khaleel – Respondent
JUDGMENT :
In this appeal, the petitioners are challenging the order of dismissal of the claim petition filed under Section 166 of the Motor Vehicles Act, 1988.
2. For the sake of convenience, the parties shall be referred to as per their status before the Tribunal.
3. Brief facts of the case are, on 17.01.2003 at about 10.30 p.m., the son of the petitioners by name C.Ramappa @ Ramachandrappa, the deceased, while walking by the side of the road near Chowdenahalli Gate, Vemgal Hobli, Kolar Taluk, Scooter bearing No.CRW-2637 was ridden in a high speed and dashed against the hind side of the deceased, due to which, he fell down and sustained injuries to his both legs, he was admitted to SNR Hospital, Kolar. During the course of hospitalization, the deceased succumbed to death on 20.01.2003.
3.1. In the first round of litigation, the petitioners as dependants approached the Tribunal for grant of compensation against the owner and insurer of the scooter. Claim was opposed by the respondents. After taking the evidence and hearing both parties, the Tribunal by judgment dated 09.02.2009 allowed the claim petition assessing the compensation of Rs.2,52,888/-with interest @ 6% p.a. Questioning th
The court established that the rider's negligence directly caused the accident leading to the deceased's death, warranting compensation under the Motor Vehicles Act.
Point of law: It must be remarked that the claimant has not raised any issue about the finding on the point of contributory negligence and apportionment of liability between the two vehicles, to wit,....
Motor Accident - Payment of Compensation - A claimant can choose to sue and recover compensation under Section 163-A of Motor Vehicles Act, 1988 from owner/insurer of any or all of vehicles involved ....
Act policy excludes coverage for pillion rider on two-wheeler as gratuitous passenger; LMV (NT) licence invalid for motorcycle; insurer exonerated, owner liable for compensation.
The insurer is liable for compensation when the identified tort-feasor is negligent, and claimants cannot choose to pursue unidentified tort-feasors.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
