C.T. JAYALAKSHMI AND OTHERS Vs. ROJAN ELSTON MADTHA AND THE BRANCH MANAGER, THE UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) THOUGH the appeal is listed for admission, with the consent of the counsel on both sides, it is heard finally. The legal representatives of one O. Thippeswamy have filed this appeal seeking enhancement of compensation by assailing the judgment and award passed in MVC No. 78/2009, dated 01.01.2011 by the MACT at Challakere.

(2.) FROM the material on record, it is not in dispute that Thippeswamy died in a road traffic accident that occurred on 11.09.2008, when he and his friends proceeded to Bangalore to attend a meeting of Rastraiya Uddyoga Kathari on the previous day. On the next day i.e., on 11.9.2008 when they were on Kasturba Road at Siddalingaiah Circle, at that time, a motor cycle bearing No. KA -21/J -1623 came from behind and dashed against Thippeswamy. As a result of the injury sustained in the accident, he was shifted to Bowring Hospital, Bangalore for treatment, but he did not survive. His legal representatives filed the claim petition seeking compensation on account of death of Thippeswamy.

(3.) I have heard the learned counsel for the appellant as well as the learned counsel for the insurance company and perused the materials on record.