YESHODA Vs. PRAVEEN

JUDGEMENT

(1.) MFA No.728/2014 is filed by the insurer and MFA No.4245/2014 is filed by the claimants. In both the appeals the judgment and award dtd. 23/10/2013 passed in MVC No.521/2007 by the II Additional District Judge, Member, MACT, Chickmagalur,[Hereinafter referred to as the 'Tribunal'] is under challenge. Hence, both the appeals are taken up together for consideration.

(2.) For the sake of convenience, the parties herein are referred to as per their rank before the Trial Court.

(3.) It is the case of the claimants that on the date of accident i.e., 3/6/2007 when one Sundar Naik[Hereinafter referred to as the 'deceased'] was returning from work along with one Theerthaprasad in a motor cycle, a lorry came in a high speed and hit the motor cycle in which the deceased was riding as a pillion rider causing the accident in question wherein, the deceased sustained grievous injuries and succumbed to the same. Claiming compensation for the death of the deceased, his wife and children filed a claim petition arraying the driver, owner and insurer of the lorry as respondent Nos.1 to 3 respectively. The said respondents entered appearance and filed their statement of objections. Subsequently, respondent No.4 was impleaded as the RC owner of the lorry. Claimant No.1 examined herself as PW.1. Exs.P1 to P4 were marked in evidence. The police official was examined as RW.1, the representatives of the insurer as RWs.2 and 3. Exs.R1 to R8 were marked in evidence. The Tribunal by its judgment and award dtd. 23/10/2013 allowed the claim petition and awarded a compensation of Rs.3,69,500.00 together with interest at 6% pa. Being aggrieved, the present appeals are filed.