GOWRAMMA Vs. ZABI

JUDGEMENT

(1.) The appellants have preferred the above appeal questioning the award dated 05.06.2015 passed by the VI Addl. District Judge and Addl. MACT V at Tumkur in MVC No.1372/2012 on the ground that the compensation awarded is inadequate.

(2.) Appellant no.1 is the wife, appellants 2 and 3 the children and appellant no.4 is the mother of deceased Kumara @ Kumaraswamy. On 15.01.2007 at 9.30 PM near Guddadapalya Gate, K.B.Cross, Tiptur Taluk when the deceased was driving tempo trax bearing Regn.No.KA-14-9437, there was a collsion between the said tempo and lorry bearing Regn.No.KA- 07-2617 which caused the death of Kumara and 5 passengers of the said tempo trax.

(3.) Respondent no.1 is the owner of the lorry and respondent no.2 is the insurer of the lorry No.KA-07- 2617. The appellants filed a claim petition before the Workmen's Compensation Commissioner against the respondents in W.C.C.No.80-07 and an award was passed in that case. The second respondent challenged the said award before this Court in MFA No.5060/2008. The appellants also challenged the said award in MFA No.10827/2008 on the ground of inadequacy of the compensation. This Court vide common order dated 21.2.2008 in the above Miscellaneous First Appeals set- aside the order of the Commissioner for Workmen's Compensation reserving liberty to the appellants to file a claim petition under the Motor Vehicles Act before the Motor Accident Claims Tribunal.