SUNILA LALASING NAYAK Vs. YASIN SAYEEDRASUAL MUJAWAR

JUDGEMENT

(1.) These two appeals are by the appellants/claimants seeking enhancement of compensation awarded by the learned MACT-XII, Bijapur, in MVC Nos. 803/2008 and 805/2008 dated 17-7-2010.

(2.) Brief facts leading to filing of the claim petitions are that on 21-5-2008 at about 100 noon when the claimants in MVC Nos. 803/2008, 805/2008 and 1778/2008 were proceeding from Bharatagi L. T., to Gandhi Daba situated near Tidagundi to have meals in a Piaggio auto bearing registration No. KA-28/A-6730, the driver of the said auto drove the same rashly and negligently with great speed and when the said auto was proceeding on Bijapur-Tidagundi road at about 100 noon near a petrol pump situated near Gandhi Daba, driver of the auto lost control over the said auto and went out of the road and toppled down in a road side ditch and as a result of the same, claimants sustained injuries. Subsequently, they were taken to the hospital and there they took treatment. For the purpose of claiming compensation, they have filed claim petitions.

(3.) In pursuance of the notices, respondent Nos. 1 and 2 appeared before the Tribunal and filed their written statement. Respondent No. 1 filed written statement denying the averments made in the petition, he further contends that the said vehicle has been insured with respondent No. 2 and the policy was valid as on the date of the accident therefore, it is respondent No. 2 who has to pay the compensation.