MANAGER LEGAL Vs. CHANDRAPPA

JUDGEMENT

(1.) The appellant-Insurance Company in MFA No.103385/2018 is in appeal aggrieved by the judgment and award passed by the Senior Civil Judge and MACT, Kushtagi in MVC No.155/2015 dated 09.07.2018. MFA CR.OB.No.100047/2019 is by the claimants praying for enhancement of compensation.

(2.) The claimants are the parents and sisters of one Manjunath. Claim petition was filed under Section 166 of the Motor Vehicles Act praying for compensation for the death of Manjunath in a road traffic accident. It is stated that on 15.04.2013 when the deceased was proceeding in bus bearing No.KA-26/7747, the driver of the bus drove the same in a rash and negligent manner and dashed against the tractor trally, due to which the vehicle turtled and the deceased sustained severe injuries and died on the spot. The deceased was aged about 19 years as on the date of the accident and it is stated that he was earning a sum of Rs.10,000/- p.m. by doing Goundi/Mason work.

(3.) On issuance of notice, respondents No.1 to 3 appeared before the Tribunal. Respondents No.1 and 2 filed their separate written statement and respondent No.1 denied the entire claim petition averments. Further, respondent No.1 stated that the vehicle was insured with respondent No.2. Respondent No.2 in its written statement contended that the claim is frivolous and denied the entire claim petition averments, but admitted issuance of policy and its validity. It further denied the involvement of the vehicle and also stated that the driver of the vehicle was not having valid and effective driving license as on the date of the accident.