CHANDRAPPA, S/O. CHANNABASAPPAMANJULA, D/O. CHANDRAPPA AND VENKATESH, S/O. CHANDRAPPA REPRESENTED BY HIS GUARDIAN HALESH NAIKA S/O. NORYA NAIKA Vs. HALESH S/O. BASAVARAJAPPA SMT. RUDRAMMA, W/O. LATE HANUMAPPA AND NATIONAL INSURANCE CO LTD. REPRE

JUDGEMENT

(1.) BOTH the MFA's are directed against the judgment and award in MVC No. 37/2002

(2.) MFA No. 213/2008 is filed by the insurer questioning the liability and MFA No. 4906/2008 is by the claimant seeking enhancement of compensation. MFA Cross objection No. 48/2010 is by the owner questioning the pay and recovery order.

(3.) FACTS leading to the case are; that on 13.12.2001 the deceased Somlibai and her brother Halesha Naika with some other workers had gone to Holehonnur to bring paddy straw for their own purpose. While returning back at about 7.30 p.m. when the tractor reached near the house of Somlibai, straw which was loaded in the trailer caught fire when it came into contact with the live electric line. Halesha Naika saw the fire and told the driver to take back the tractor. As a result of which Somlibai who was sitting on the left side mud guard of the tractor fell down and tractor ran over her body and deceased succumbed to Injury.