JYOTHI AND ORS. Vs. RADHAKRISHNA AND ORS.

JUDGEMENT

(1.) Claimants in MVC.Nos.28/2011, 29/2011 and 30/2011 on the file of MACT, Holenarasipura, have come up in these three appeals i.e., in MFA.Nos.8867/2013, 8868/2013 and 8869/2013 seeking enhancement of compensation awarded by the tribunal. Admittedly, appeal in MFA.No.8867/2013 and 8868/2013 are by the widow, children and mother of Guru Arasegowda and widow and daughter of Rangaswamy respectively. So far as MFA.No.8869/2013 is concerned, it is by the owner of tractor trailer, which was damaged in the accident dated 10.5.2011, in which Guru Arasegowda and Rangaswamy died.

(2.) Brief facts leading to these appeals are as under; The facts available on record would disclose that on 10.5.2011 at about 11.30 am., deceased Guru Arasegowda and Rangaswamy were travelling in tractor trailer bearing registration No.KA-13/TA.1040/1041. Admittedly, said tractor trailer belongs to Ashok, who is claimant in MVC.No.30/2011 and he is also brother of Guru Arasegowda. The record would also disclose that when said tractor was proceeding near Channarayapatna Housing Board, the same was hit by lorry bearing registration No.KL-13/C.1321, which was driven in a rash and negligent manner by its driver. As a result of collision between lorry and tractor trailer, Rangaswamy died at the spot and Guru Arasegowda, who suffered injuries was shifted to BGS Global Hospital, Bengaluru, where he was inpatient for 7 days and subsequently, he succumbed to the injuries. Thereafter, three claim petitions came to be filed; one by the widow, minor children and mother of Guru Arasegowda in MVC.No.28/2011, second one by the widow and daughter of Rangaswamy in MVC.No.29/2011 and third one by the owner of tractor trailer in MVC.No.30/2011 seeking compensation for the damage caused to tractor trailer.

(3.) Before the tribunal, all the three claim petitions were clubbed together, common evidence was recorded and all the three claim petitions were disposed off by common judgment dated 3.4.2012.