BASAMMA,W/O LATE S G DHARMAPPA; S D SIDDESH,S/O LATE S G DHARAMAPPA; S D DAYANANDA,S/O LATE S G DHARAMAPPA; BASAVANAGOWDA,S/O LATE S G DHARAMAPPA Vs. NEW INDIA ASS CO LTD ; SURESH P,S/O PUTTASWAMY GOWDA; S G DHARAMAPPA

JUDGEMENT

(1.) These two appeals respectively by the claimants and the Insurer are directed against the same judgment and award dated 26th February 2009, passed in MVC No. 231/2008, by the I Additional Civil Judge (Sr.Dn) and Additional Motor Accident Claims Tribunal, Chitradurga, (for short, 'Tribunal').

(2.) While the claimants have filed the appeal seeking enhancement of compensation on the ground that the compensation of Rs. 1,00,000/- awarded in their favour as against their claim for '5.00 Lakhs is inadequate; the Insurer has filed the appeal seeking to set aside the impugned judgment and award passed by Tribunal, on the ground that the Tribunal has no jurisdiction to entertain the claim petition filed by claimants inasmuch as the deceased was the owner of the said vehicle and the Tribunal ought to have dismissed the claim petition filed by claimants under Section 166 of the Motor Vehicles Act as not maintainable.

(3.) The facts in brief are that, the claimants, being the wife and children of deceased S.G. Dharamappa had filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 9:00 P.M, on 17- 09-2005, when the deceased was travelling on the motor bike bearing Registration No.KA-14/K-9051 from Bharamasagara to Yammehatty as a pillion rider, he met with an accident, on account of rash and negligent driving by the rider of the said motor bike as he dashed against one Chandrappa who was removing the right side tyre of the Tractor and Trailer bearing Registration No.KA-17/511-512, which was parked on the left side of the road due to puncture on the right side tyre of the Tractor and Trailer. Due to the impact, the deceased sustained grievous injuries and died on the spot.