DUNDAPPA Vs. RUKMINIDEVI

JUDGEMENT

(1.) This appeal by the claimants lays a challenge to the judgment and award dated 01.06.2016 made by the III-Addl. Senior Civil Judge and M.A.C.T. NO.XII, Vijayapura, allowing the claim in MVC.No.1063/2012 whereby a compensation of Rs.25,16,000/- with interest at the rate of 6% p.a. has been awarded; the claimants contend that the award is much on the meager side.

(2.) After service of notice, the respondents 2 and 4 - Insurers having entered appearance through its Panel Counsel, opposes the appeal making submission in justification of the Award. The insurer of TATA Safari Jeep and Truck appeared, denied their liability and they have challenged the award on the ground of contributory negligence and award being on the higher side.

(3.) The brief version of the claimants is that the vehicular accident that happened on 11.06.2012 at about 1:00 am on Hyderabad-Vijayapur road near Jewargi, resulting into death of victim one Mr.Shrishail. The offending vehicle TATA Safari Jeep bearing Reg.No.KA28/M-5605 having been driven rashly and negligently dashed to the Truck bearing Reg.KA-36/5281 which was wrongly parked in the middle of the road without setting the parking lights, though it was the night and there were no indications near the truck to indicate the parked vehicle. The deceased-Shrishail sustained grievous injuries and succumbed to the same. His legal representatives/legal heirs presented the claim petition in MVC No.1063/2012 which was stoutly opposed by the insurers by filing written statement.