(1.) Though the appeal is listed for admission, with consent of both sides, the appeal is taken up for final disposal.
(2.) This appeal is filed under Section 173 of Motor Vehicles Act, 1988 (for short, 'M.V. Act') by the claimant challenging judgment and award dated 31 .08.2012 passed by the Member , MACT . No . IX, Bellary (for short 'the tribunal') in M.V.C.No . 59/2012. The parties shall be referred to as per their ranking before the Tribunal for the sake of convenience .
(3.) The facts leading to this appeal are that 04.01 .2012, Smt. K. Eramma was riding her scooty bearing registration No.KA-34/W-4138 to go to Cowl Bazaar , Ballari. At about 9:00 a.m., when she was near water tank, Mothi Circle, Hospet Road a lorry bearing registration No.KA-16/B-83 came in a rash and negligent manner and dashed to the hind side of scooty and caused accident. Due to the same , Smt. Eramma sustained grievous in juries and was admitted to VIMS Hospital, Ballari for treatment, but succumbed to the in juries. As on date of accident, she was 45 years of age doing private service and also working as pigmi agent and earning Rs.50 ,000/- per month.