MAHADEVAPPA Vs. MANAGER LEGAL, SRIRAM GENERAL INSURANCE COMPANY

JUDGEMENT

(1.) M.F.A.No. 22435/2013 has been preferred by the appellant-insurer and M.F.A.Crob. No. 100186/2016 has been preferred by the cross-objectors/claimants aggrieved by the judgment and award passed by the Senior Civil Judge and Additional M.A.C.T., Yelburga, At Kushtagi in M.V.C.No.525/2010 dated 11.01.2013.

(2.) Heard. Though the appeal and cross-objection are posted for orders, with the consent of the learned counsel appearing for the parties, they have been taken up for final disposal.

(3.) Brief facts leading to the case are that on 16.03.2010 at about 9.00 a.m., one Ravi, son of the petitioners, who was working as a cleaner in Tempo Toofan vehicle bearing registration No. KA-25/B-3828 was proceeding from Kuntoji to Ilkal in the said vehicle and when the said vehicle came near Mudatagi village, the driver of the said vehicle drove it rashly and negligently and lost control over the vehicle due to which the said vehicle toppled on the right side of the road. As a result, the said Ravi sustained grievous injuries and succumbed to the injuries. For having lost the bread earner and loving son, the petitioners filed a claim petition claiming compensation.