GANGIBAI AND ORS. Vs. TIMMANNA AND ORS.

JUDGEMENT

(1.) THIS is the appeal preferred by the appellant -petitioners, seeking enhancement of the compensation awarded by the Tribunal and to hold the insurance company also liable to pay the compensation and also challenging the validity and correctness of the judgment and award passed by the Tribunal, on the grounds as mentioned in the appeal memorandum.

(2.) BRIEF facts of the petitioners' case before the Tribunal are that on 27.07.2009 at about 4.30 PM, deceased Kiru @ Kheeru Rathod was proceeding in the turn turn auto rickshaw bearing No. KA. 33.5349 near Yallamma Temple at Yergole village. At that time, the driver of the said auto rickshaw was driving the same in a high speed and in a rash and negligent manner. Because of that reason, the auto rickshaw fell down on the side of the road and the deceased has sustained multiple grievous injuries and died on the spot. Prior to the accident, the deceased was hale and healthy and was doing the work agriculture and black smith, earning more than Rs. 9,000/ - per month. The petitioners have lost their bread earner. Hence, they have filed the claim petition before the Tribunal for compensation.

(3.) ON the basis of these pleadings, the Tribunal framed as many as 3 issues and ultimately after recording the evidence of the parties and considering the oral as well as the documentary evidence, partly allowed the claim petition as against respondent Nos. 1 and 3 and dismissed the petition as against respondent No. 2 - insurance company. Being aggrieved by the same, the present appeal is filed.