BASAVARAJAPPA Vs. BUDEPPA

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned counsel for respondents. The cross objectors are the claimants, seeking enhancement of compensation.

(2.) The facts leading to this appeal are as under:

(3.) Oil the basis of these circumstances, the claim petition was filed. The tractor belonging to respondent No. 2 was alone insured and not the trailer. Accordingly, in the course of the proceedings since the Insurance Company had negated its liability on the ground that according to the complaint, the deceased was travelling in the trailer belonging to respondent No. 2 and the deceased was thrown off the trailer and he was run over by the tractor belonging to respondent No. 5, the question of liability of the Insurance Company would not arise and the trailer belonging to respondent No. 2 was not insured and that only the tractor was insured. In this circumstance, though the tribunal had thought it fit to award the compensation to the claimants it had fastened the liability on respondent No. 2 and respondent No. 5. The tribunal has come to the conclusion that there was contributory negligence on the part of the tractor and trailer belonging to respondent Nos. 2 and 5 and has apportioned the liability at 50% each. In this background, the appeal and cross objection are filed. The appeal is filed by respondent No. 2 who seeks to draw attention to the evidence of PW. 2, who has categorically stated that she was travelling along with the deceased in the tractor-trailer belonging to respondent No. 5. The deceased was thrown off the trailer and was run over by the tractor of respondent No. 2. Whereas the tribunal has accepted the contention of the Insurance Company that the deceased was travelling in the trailer belonging to respondent No. 2, as a passenger and was thrown out of the said trailer and was run over by the tractor belonging to respondent No. 5, which was not insured. Accordingly, the tribunal has disposed of the claim petition awarding compensation of Rs. 1,77,000. The claimants are before this Court seeking enhancement of compensation, in the cross objections.