VENKATEGOWDA Vs. NAGENDRA

JUDGEMENT

(1.) The parents of deceased Manjunath, aggrieved by the quantum of compensation determined by the Senior Civil Judge and MACT, Nanjanagud, (for short 'MACT') by judgment and award dated 03rd February 2011 in MVC No.87/2009, have preferred this appeal for higher compensation. Respondents and Insurance Company, though served are absent and unrepresented.

(2.) There is no dispute that Manjunath, the only son of the appellants succumbed to grievous injuries in the accident that occurred on 31.12.2008 involving motor vehicle driven by the 1st respondent owned by 2nd respondent and insured by the 3rd respondent, while 4th respondent, is the driver of autorickshaw, respondent No.5-owner and respondent No.6-insurer of autorickshaw in which the deceased was traveling on the date of accident and death.

(3.) On the date of accident and death, deceased was aged 24, successfully completed the course in Bachelor of Education with first class as disclosed in the provisional certificate, Ex.P.12. The MACT found that the 1st respondent, driver of the offending motor vehicle, owned by the 2nd respondent and insured by the 3rd respondent, guilty of actionable negligence.