MAHADEV AND ORS. Vs. SHAMEEM NAZNEEN AND ORS.

JUDGEMENT

(1.) The appellants are the claimants in MVC Nos. 628/2007, 630 to 633 of 2007 and 1369/2007, being not satisfied with the quantum of compensation awarded in the judgment and award dated 28.03.2009 passed by the Fast Track Court -III at Gulbarga have filed these appeals, seeking for enhancement of compensation.

(2.) Since the common judgment and awards passed by the Fast Track Court have been challenged, all these appeals are clubbed together and disposed of by this common judgment.

(3.) The appellants herein filed the claim petitions before the Fast Track Court contending that on 01.02.2007 at about 8.30 p.m., the claimants along with other persons were proceeding in a jeep bearing Reg. No. MH -25 -4359 to Tintani Mouneshwari Jatra. When the vehicle reached near Khalipat Rahaman darga on Gulbarga -Jewargi main road, due to the rash and negligent driving of the said jeep by its driver, he could not control the vehicle and dashed against the stationed tanker lorry bearing Reg. No. KA -32/A -4911. Due to that, the claimants have sustained grievous injuries to all parts of the body. Initially they had taken treatment in the Government Hospital, Gulbarga. Thereafter, they were shifted to Basaveshwar Hospital at Gulbarga and also took higher treatment at Solapur. The claimants have contended that the driver of the tanker lorry without putting on the indicator or parking light, parked the vehicle in the middle of the road. Hence, the driver of the jeep dashed against the same and sought for compensation from the owner as well as the insurer of the offending vehicle.