ALLISAB Vs. RAJASHEKHAR

JUDGEMENT

(1.) These appeals have been filed by the claimants/appellants seeking enhancement of compensation awarded by the learned Motor Accident Claims Tribunal and Fast Track Court-I/II, Bijapur, in M.V.C.Nos.577/09, 578/09 and 580/09, by order dated 08.06.2011.

(2.) The brief facts as per the petition are that on 20.02.2009, at about 7.00 a.m., Kasturi, deceased Rasoolbi and Rukamawwa were proceeding in a bullock cart, when the bullock cart came near Mulawad I.B.Cross, on NH-218, a Tanker lorry bearing Reg.No.KA-28-A-6492, came in a rash and negligent manner and dashed to the said bullock cart. Due to which, the inmates of bullock cart, fell down and petitioner in M.V.C.No.577/09, sustained injuries and Rasoolbi and Rukamawwa were also sustained the injuries and due to said injuries Rasoolbi and Rukamawwa, succumbed. Even, the bullock cart also damaged and as such the injured and the husband and children of deceased, have filed the claim petitions for claiming compensation.

(3.) After service of notice, respondent No.1 remained absent and he was placed ex-parte and respondent No.2 - Insurance Company, appeared and filed the written statement contending that the tanker lorry in question was not involved, as on the date of the accident and denied the age, income and occupation of injured and deceased and it is also denied that the accident has occurred, due to rash and negligent driving of tanker lorry and the compensation claimed is exorbitant. The driver of the said lorry was not having valid and effective driving licence, as on the date of accident. On these grounds, he prayed for dismissal of claim petitions.