SHIVANAND ALIAS RAJU PANDURAND KAMBLI, SMT. SANGEETA SHIVANAND KAMBLI AND KUMARI AMRUTA SHIVAND KAMBLI, REPTD., BY HER NATURAL GUARDIAN MOTHER SMT. SANGEETA SHIVAND KAMBLI Vs. PETER VELENT VEGAS AND THE DIVISIONAL MANAGER, UNITED INDIA@RESPONDEN

JUDGEMENT

(1.) THE appellants are claimants being not satisfied with the compensation awarded in M.V.C. No. 33/2009 dated 23.02.2010 passed by M.A.C.T., Karwar, filed this appeal seeking for enhancement of compensation. In the claim petition it is contended that son of appellant Nos. 1 and 2 and brother of third appellant, Ankith was proceeding towards Karwar as a pillion rider in a motorcycle bearing registration No. KA -25 -NT -1326. When they reached Gramdev temple, a Tata Tipper bearing reg. No. KA -30/7021 driven by its driver in a great speed, rash and negligent manner dashed against the said motorcycle from the hind side. Due to the accident the rider and pillion rider fell down and wheel of the Tipper ran over the head of tile pillion rider, due to which, he died on the spot. It was contended that at the time of death, the deceased was aged about 17 years studying in II year P.U.C. at Divakar College, Karwar. Hence, they sought for compensation of Rs. 6,00,000/ -.

(2.) THE respondent Nos. 1 and 2 entered appearance and filed written statement. In the written statement first respondent contended that the deceased himself was riding the motorcycle and while overtaking the Tipper they dashed against the Tipper and died due to the accident. The offending vehicle is covered by the insurance. The respondent No. 2 had to compensate the claimants and sought for dismissal of the claim petition as against respondent No. 1.

(3.) THE claimants in order to prove their case got examined P.W. 1 and got marked the documents as per Ex. P.1 to Ex. P.5. On the other hand, nobody was examined on behalf of the respondents, however, insurance policy of the offending vehicle was marked as Ex. R.1.