KARIYAPPA Vs. SUNDARESH KUMAR

JUDGEMENT

(1.) THESE two appeals arise out of the Judgment & award passed by the MACT, Arasikere, in MVC No. 111/2006 dated 23rd July, 2009. MFA No. 1132/2006 is filed by the claimants seeking enhancement of the compensation. MFA No. 7966/2009 is filed by the Insurance Company challenging the liability saddled on it. Therefore, these two matters are listed heard together.

(2.) THE admitted facts are as hereunder: -

(3.) PER contra, Mr. A.K. Bhat, the learned counsel appearing for Insurance Company submits that since the deceased was not in a permanent job the claimants cannot seek amount towards future prospects of the deceased. The Insurance Company's contention is that the policy issued covers the risk of the driver only and not the conductor. Therefore he requests the Court to allow the appeal filed by the Insurance Company and dismiss the appeal filed by the claimants.