NATIONAL INSURANCE CO LTD Vs. MALLIKA BANU

JUDGEMENT

(1.) These appeals are fi led by the insurance company as wel l as the claimants being not satisfied with the judgment and award passed by the MACT-VI, Kudl igi, dated 5.6.2009, passed in MVC No.51/2008.

(2.) Insurance company has f i led the appeal contending that the claim petition was not maintainable, since the accident occurred in a private land and not in a publ ic place. Claimants have f iled the appeal for enhancement of the compensation being not satisfied with the compensation awarded by the Tribunal . Therefore, these two appeals are heard together by us.

(3.) The claimants are the legal heirs of one Babu, who was a mechanic, who died in an accident occurred on 11.2.2006, in the land of Dharmapura Veerappa, when he had been there to repair the tractor belonged to the respondent Shivanagouda. He was aged about 45 years. He died leaving behind him, his widow, 5 chi ldren and aged mother. Al l the chi ldren were minors on the date of his death.