RAJAPPA S/O AJJAPPA Vs. LAXMAVVA

JUDGEMENT

(1.) M.F.A.No.20933/2013 has been preferred by the appellant-claimant for enhancement of the compensation and M.F.A.Crob.No.100106 of 2015 has been filed by the cross objector/owner of the vehicle assailing the judgment and award passed by Principle Senior Civil Judge and J.M.F.C. Hospet, in M.V.C.No.1320/2011 dated 14.08.2012.

(2.) Though the matters are listed for orders, with the consent of the learned counsel appearing for the parties, the appeals are admitted and it is taken up for final hearing and disposed of by this judgment.

(3.) Brief facts of the case as averred in the petition are that, on 21.07.2011 at about 06.30 p.m. Jana Rangappa was going on his bicycle near Kalleshwar Temple, at that time a Auto Tata Ace bearing registration No.KA-35/9957 came rashly and negligently and dashed against the bicycle on which the said Jans Rangappa was proceeding. As a result, the petitioner fell down and sustained injuries. Immediately he was taken to the hospital and when he was in the course of treatment he succumbed to the injuries in S.S.Hospital Davangere. A criminal case was registered in Crime No.79/2011 against the driver of the vehicle. For having lost the bread earner, the wife and daughter filed the claim petition for claiming the compensation under Section 166 of M.V. Act.