DEVIKEMMA Vs. CHANDRAKANTH

JUDGEMENT

(1.) These appeals are filed by the claimants for enhancement of compensation against the impugned judgment and award dated 14.08.2013 on the file of Senior Civil Judge and Addl. MACT-III Shorapur awarding compensation of Rs.1,31,980 and Rs.89,600/- with interest at the rate of 6% per annum against the respondents from the date of petition till realization.

(2.) It is the case of the claimants that on 17.04.2010 at 50.30 p.m. on Diggi-Solapur main road both the claimants were traveling in Tum Tum Auto No.KA-33-6553 from the side of Bheemarayangudi, at that time driver of said auto drove the same in a high speed in rash and negligent manner endangers to the human life and turtled the auto on the left side of the road and caused accident and they were sustained grievous injuries. The jurisdictional police have registered criminal case in Crime.No.30/2010 against the driver of Tum Tum. Both claimants have sustained fracture of right ulna bone and neck of femur and fracture of humorous bone and left shoulder respectively. They were admitted in the hospital as inpatient and have incurred Rs.75,000/- and Rs.50,000/- respectively. Both the claimants aged about 50 years and earning Rs.6,000/- per month from working as labourer respectively. Therefore, they sought for allow the claim petitions.

(3.) The respondent No.1 remained absent and placed ex-parte. Respondent No.2-Insurance Company appeared through advocate and filed written statement denying the averments made in the claim petition. It is denied the nature of accident, age, income and occupation of the claimants. It is contended that accident has taken place due to negligence of driver of tum tum auto. It is further contended that driver of Auto was not having driving license on the date of accident. Hence, this respondent is not liable to pay the compensation to the claimants. Therefore, sought for dismissal of the claim petition.