SANGAPPA Vs. ADIYAPPA

JUDGEMENT

(1.) Though these matters are listed for admission, with the consent of the respective learned counsel, the same is taken up for final disposal.

(2.) The factual matrix of the case of the claimants before the tribunal is that, on 19/8/2009 they were proceedings to Gaddanakeri cross in a Auto Rikshaw from Bagalkot. When the vehicle reached near Telsang garden land, behind cement factory road, the driver of the Auto Rikshaw drove the vehicle in a rash and negligent manner, as a result, the vehicle was turtled on road and both the claimants have sustained injuries and immediately, they were shifted to the Government Hospital, Bagalkot and later shifted to Dr. Daddenavar Hospital and both of them have lost their income during the laid up period and hence, claimed compensation.

(3.) The claimants in order to substantiate their case, examined themselves as P.W.1 and P.W.2 and the Doctor as P.W.3 and marked documents at Ex.P.1 to Ex.P.59 and the Insurance Company got marked Ex.R.1 and not examined any witness. The tribunal after considering the material on record in respect of MVC No.95/2010, awarded an amount of Rs.14,000.00 as global compensation and in MVC No.96/2010 awarded global compensation of Rs.7,000.00, hence, these two appeals have been filed by the claimants.