SHIVAPPA Vs. JAMIR AHMED

JUDGEMENT

(1.) CLAIMANTS in MVC No. 253 of 1999, who are the wife and children of deceased Nagappa Jadar and claimant in MVC No. 239 of 1999 who is the injured claimant, being not satisfied with the amount of the compensation awarded to them by the Tribunal under impugned judgment and award, are before this Court requesting to enhance the compensation and also fasten the liability with the Insurance Company as claim against Insurance Company-respondent 2 has been dismissed by the Tribunal.

(2.) FACTS in brief are: The appellants-claimants claimed compensation before the Tribunal alleging that on 26-12-1998 there was accident of maxi Cab (Tempo) belonging to the 1st respondent and insured with the 2nd respondent and in that, Nagappa Jadar died whereas claimant in mvc No. 239 of 1999 has sustained injuries and consequently the wife and children of deceased Nagappa and injured Shivappa are entitled to compensation from the driver, owner and insurer of said vehicle i. e. , respondents.

(3.) THE driver and owner of the vehicle filed objections denying the material averments besides rashness and negligence in driving Tempo by its driver and other particulars and pleaded that as the vehicle had insurance coverage issued by the 2nd respondent-Insurance Company and 3rd respondent had a valid driving licence to drive the vehicle, the insurance Company is liable to indemnify.