VARADARAJ Vs. NEELAMMA

JUDGEMENT

(1.) THESE two appeals are directed against judgment and award passed by M.A.C.T., Yelburga at Kushtagi in M.V.C. No.538/2009, whereunder, claim petition filed by the legal heirs of deceased Shri Hanamantappa Koppal has been allowed in part and a total compensation of Rs.3,75,000/ - with interest at 6% p.a. has been allowed.

(2.) M .F.A. No.20578/2012 is by the owner of the offending vehicle, since liability is fastened on him and insurer has been absolved of its liability. M.F.A. No.25919/2011 is by the claimants seeking for enhancement of compensation, not being satisfied with the quantum of compensation. Hence, both these appeals are taken up together for final disposal. Parties are referred to as per their rank before Tribunal.

(3.) A claim petition under Section 166 of M.V. Act, 1988 was filed by the wife and parents of Shri Hanamantappa Koppal, contending inter alia that deceased was returning from his work to his village at Koppal District on 12.07.2008 at about 08:30 p.m. and while he was crossing the road at the edge near Gorbal cross on National Highway 13, the offending vehicle namely crane bearing registration No.TN -28/J -3432 dashed against his tricycle on which deceased was travelling and due to the impact, he fell down, sustained grievous injuries and was shifted to Kumareshwar Hospital at Bagalkot and later referred to KIMS Hospital, Hubli for higher treatment and during the course of treatment, he died on 14.07.2008 due to head injuries sustained. Insurer filed his written statement and denied the averments made in the claim petition and it was specifically contended that owner of the lorry had handed over the vehicle to the driver who was not having a valid and effective driving licence to drive the offending vehicle at the time of accident. Hence, insurer sought for being absolved of its liability.