SMT SUSHILAVVA KOM Vs. MALLAPPA MAHADEVAPPA TOLALI

JUDGEMENT

(1.) MFA No.20588/2009 is filed by the claimants, while MFA No.20201/2009 is filed by the Insurance company. These two appeals are arising out of one and the same judgment and award passed by MACT-I, Karwar questioning the correctness of the judgment and award in MVC No.277/2007, dated 23.09.2008

(2.) The parties are referred to as per their original ranking before the tribunal.

(3.) The brief facts which are germane for the disposal of these appeals are as under : It is contended that in the claim petition on 28.12.2005, Sanganagouda and others were traveling in a tractor bearing No.KA-25/T 6742 and trally No.T-6743 from Nelliharavi in Kalaghatgi taluk to Balehadda village in Yellapur taluk to bring banana trees to their owner's land; At that juncture, respondent No.3 drove the said tractor in a rash and negligent manner, lost control over it and in the process of driving it, in the manner stated over took another tractor, as a result it fell down from the road down side. The persons who are sitting in the tractor fell down from the road to valley, resulting in grievous injuries. Immediately, said Sanganagouda was shifted to Pandit General Hospital, Sirsi for treatment but, he succumbed to the grievous injuries on the same day at 10.00 p.m. The deceased was doing coolie work and was earning Rs.6,000/- per month and therefore, the claim petition came to be filed by the mother and brother of the deceased.