KALLAPPA Vs. SHIVAPPA K DIVATIHAL

JUDGEMENT

(1.) This appeal is filed by the claimants challenging the judgment and award dated 29.4.2009 in MVC No.203/2006 on the file of the I Additional Civil Judge & Addl. MACT, Hubballi, for enhancement of compensation.

(2.) Heard Shri Dinesh M.Kulkarni, lerned Counsel for the appellants and Shri G.N.Raichur, learned Counsel for the respondent-Insurer.

(3.) Briefly stated the facts of the case are one Channappa Kare Poojar, son of the claimants, aged about 23 years was travelling in a vehicle carrying milk. The said vehicle bearing registration No: KA-22/B-5505 rammed into a Lorry parked on the road side near Chandia Village on National Highway No.17, on 25.7.2005 at 2.30 A.M. Due to the impact, Channappa sustained grievous injuires. He was initially treated in Kamala Hospital, Ankola, and subsequently, in KIMS, Hubli, where he succumbed to the injuries. His parents presented the instant petition claiming compensation of Rs.10,00,000/-. Petition was resisted by the insurer by filing statement of objections. Claimants got two witnesses examined and 15 exhibits marked. On behalf of the respondents, one witness was examined and copy of the insurance policy was marked.