BRANCH MANAGER Vs. DEVIKAMMA

JUDGEMENT

(1.) Both the appeal and the Cross-Objections are filed challenging the impugned judgment and award dated 4.3.2010 passed in MVC No.961/2009 by the Senior Civil Judge and XII Addl. MACT, Shorapur whereby the Tribunal allowed the claim petition filed by the claimants thereby awarding compensation in a sum of Rs.6,90,000/- in favour of the claimants towards death of one Gangappa in a fatal road traffic accident that occurred on 10.05.2009.

(2.) MFA No.31002/2010 is filed by the Insurance Company questioning its liability to pay compensation. MFA CROB No.1044/2011 is filed by the claimants seeking enhancement of compensation.

(3.) The brief facts giving rise to the above appeals are as follows; The claimants are the mother, wife and children of the deceased Gangappa who died in a road traffic accident that occurred on 10.05.2009. In the claim petition it was contended that the deceased Gangappa was the owner of the Auto bearing registration No.KA-33/6292. It was contended that on 10.05.2009 Gangappa's father-in law took the said vehicle on hire basis for the purpose of a marriage in the family. Accordingly, the vehicle was engaged by Gangappa's father-in law for the use of members of the marriage party. It was further contended that on 10.05.2009, Gangappa attended the said marriage at Badyapur and was returning to Shorapur in the aforesaid vehicle along with other members of the marriage party. It was alleged that the vehicle was being driven by its driver, Laxman s/o Basanna.