NINGAPPA Vs. PRABHATBHAI

JUDGEMENT

(1.) Challenging judgment and award dtd. 28/4/2023 passed by III Additional Senior Civil Judge and MACT-XII, Vijayapura, (for short, 'Tribunal') in MVC no.110/2022, this appeal is filed.

(2.) Sri Basavaraj R.Math, learned counsel for appellant submitted, appeal was by claimant for enhancement of compensation. It was submitted, on 7/7/2021, Smt.Yallawwa employed for Highway repair work, was working on NH-50, Vijayapura - Hunagund road near KSRTC Bus stand, Nidagundi, when driver of Lorry bearing registration no.GJ-03/BW-6905, drove it in a rash and negligent manner and dashed against Smt.Yallawwa, causing accident. Despite being admitted to hospital, she died during treatment. Alleging loss of dependency, her husband filed claim petition under Sec. 166 of MV Act against owner and insurer of Lorry.

(3.) Despite service of notice, owner of Lorry did not appear and was placed ex-parte. Only insurer opposed claim petition on all grounds denying date, time and place of accident and that accident occurred due to negligence by driver of insured vehicle as well as dependency of claimant. Allegation of violation of terms and conditions of policy of insurance was also contended.