MARIYAPPA Vs. ADINARAYANA YARVA,

JUDGEMENT

(1.) THESE two appeals by the claimants/appellants are arising out of the common judgment and award dated 30/11/2009, passed in MVC Nos.1494/2005 & 1495/2005, by the II Additional Civil Judge (Sr.Dn) and Motor Accident Claims Tribunal, Chitradurga, (hereinafter referred to as ' Tribunal' for short).

(2.) BY its judgment and award, the Tribunal has dismissed the claim petitions filed by the appellants seeking compensation on account of the death of the deceased Sri. Thimmanna and Smt. Rathnamma, in the road traffic accident. Being aggrieved by the impugned judgment and award passed by the Tribunal, appellants have filed these appeals

(3.) THE brief facts of the case are, appellants are the parents/in -laws and children of deceased Sri. Thimmanna and Smt. Rathnamma. They filed claim petitions before the Tribunal under Section 166 of M.V. Act, claiming compensation against the respondents, on account of the death of the deceased due to the fatal injuries sustained by them in the accident that occurred on 4.10.2005 at about 7.00 p.m. when they were returning on a motor bike bearing No. KA.16.J.6762 near Giriammana Gate on account of the rash and negligent driving by the driver of the lorry bearing Reg.No.AP.07.TT.4748. It is the further case of the appellants that, deceased Thimmanna was aged about 43 years, businessman cum agriculturist by profession and deceased Rathnamma was aged about 32 years, she was a homemaker and also doing tailoring and embroidery working and also doing agricultural work and they are the earning members in the family and due to their untimely death, appellants have suffered financial loss as they have lost their earning members, apart from mental shock and agony.