PREMILA AND ORS Vs. BABA PATEL AND ORS

JUDGEMENT

(1.) Delay of 65 days in preferring this appeal is condoned after hearing counsel for the parties and IA No.1/2012 is allowed. Issue of notice to first respondent is dispensed with. Though the matter has come up for orders, with the consent of counsel appearing for the parties, the matter is taken up for disposal.

(2.) This appeal is by the claimant for enhancement of compensation as against the Award dated 14.10.2011 passed by the II Additional Motor Accident Claims Tribunal and Additional & Sessions Court at Bidar, in MVC No.459/2009.

(3.) Claimants are family members of deceased Sidramappa. On 23.05.2009 at about 9.45 pm, when the deceased was returning from his land and going towards his house on NH-9 on the left side of the road, at that time, a vehicle bearing registration No.KA 32 A 5287 came from Markunda side in a high speed and in a rash and negligent manner, without blowing horn, dashed to the deceased Sidramappa, who having sustained fatal injuries, succumbed to the injuries on the spot and in this regard case has also been registered.