SABIYA Vs. AMINUDDIN I. CHABUSKSAVAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dtd. 2/7/2015 passed in MVC No.1950/2013 by III Addl. Senior Civil Judge and Member, MACT, Belagavi (for short' Tribunal').

(2.) Brief facts which are relevant for the purpose of disposal of this appeal are that on 29/1/2013, the deceased (Hasim Ibrahim Tade) was going by walk on Darbar Galli Road, on the left side of the road at about 12.20 a.m., at that time the driver of the car bearing No.KA-22/N-8959 coming from CBS circle towards Shaniwarkoot in a rash and negligent manner, dashed the deceased and after the accident, the driver of the Car and PWs.2 and 3 shifted the injured in the said car to District Hospital for treatment. Inspite of treatment, he died. Hence, a claim petition was filed by the appellants i.e. family members of the deceased Hasim Ibrahim Tade under Sec. 166 of M.V. Act, 1988, before the Tribunal for award of compensation.

(3.) Before the Tribunal, in order to prove their case, the appellants/claimants got examined 3 witnesses i.e. PWs.1 to 3 and got marked 15 documents as per EX.P.1 to P15A. On the other hand, respondent No.2 i.e. Insurance Company got examined two witnesses as RW-1 and RW-2 and also got marked two documents as per EX.R1 and R2.