KAREWWA W/O MAHADEVAPPA MADAR; MAHADEVAPPA S/O HANAMAPPA MADAR Vs. BASAPPA S/O GULAPPA BANDIWAD; NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) This is a claimants' appeal seeking for enhancement of compensation in respect of the death of their sole bread earner.

(2.) The claimants are the parents of the deceased Mailareppa Mahadevappa Madar.

(3.) After service of notice, the respondents who are the owner and insurer appeared and contested the claim of the petitioners. They denied al l the averments made by the claimants in respect of age, income and occupation of the deceased. They also denied the accident having taken place on account of the negligence of the rider of the motor-cycle, on the other hand, they contended that it was due to the negl igence of the deceased himself. The owner contended that as the rider did possess val id driving licnece and the motor cycle had been insured with the 2nd respondent/insurer, if he is held l iable to pay the compensation, the same be saddled on the insurer.