MALLAMMA Vs. DAWALSAB

JUDGEMENT

(1.) The claimants being aggrieved by the dismissal of their claim petition have filed this appeal, assailing the judgment and award passed in MVC No. 8 of 2006, dated 24-9-2007, by the MACT at Gangavathi. They have also sought for enhancement of compensation. It is not in dispute that, on 6-7-2005, Yellamma who was returning along with Hanumantha from a temple after performing pooja, on the left side of Raichur-Gangavathi Road at about 4.00 p.m., succumbed to fatal injuries on account of vehicle bearing No. KA-35/MD-3333 belonging to the 2nd respondent, being driven in a rash and negligent manner. Yellamma's daughter and daughter-in-law filed the claim petition seeking compensation on account of the death of Yellamma. Though the Tribunal assessed the compensation to be awarded in the claim petition, nevertheless, dismissed the claim petition since the claimant 2-Hanumavva had filed MVC No. 418 of 2005 before the Fast Track Court at Koppal and since the said claim petition had been dismissed on 30-3-2007.

(2.) At this stage, only it is relevant to mention that MVC No. 418 of 2005 was dismissed on 30-3-2007 on account of pendency of MVC No. 8 of 2006, out of which this appeal arises. On account of two claim petitions being filed and both the claim petitions being dismissed, the claimants have been denied compensation. Hence this appeal.

(3.) I have heard the learned Counsel for the appellants and the learned Counsel for the respondent-Insurance Company and perused the material on record.