IFFCO-TOKYO GENERAL INSURANCE Vs. SUJATA

JUDGEMENT

(1.) Though these matters are listed for admission, with the consent of the parties, matters are taken up for final disposal.

(2.) Insurance Company and claimants are in appeal challenging the validity of the judgment and award dtd. 16/4/2012 passed in M.V.C.No.353/2010 by the District Judge & M.A.C.T., Gadag, (hereinafter referred to as 'the Tribunal', for short).

(3.) The brief facts, which are necessary for disposal of the appeals are as under: A claim petition came to be filed under Sec. 166 of the Motor Vehicle Act, 1988 contending that on 13/9/2010 at about 12.30 p.m., one Basavaraj S/o. Mahadevappa Tirlapur was coming from Hombal to Gadag in a passenger tum tum auto bearing No.KA-26/7605. When the said auto came near the land of Puttaraj Gavaigalu, Gadag, the driver of the auto lost control over the vehicle and the auto got toppled down. As a result, injured Basavaraj sustained grievous injuries. He was shifted to District Hospital, Gadag and thereafter to Life Line Hospital, Hubli wherein Basavaraj died on 16/9/2010. Therefore, the claimants being the dependents of the deceased Basavaraj, laid a claim petition seeking awarding suitable compensation.