SHYAMIDABEGUM Vs. MUTTANNA

JUDGEMENT

(1.) M.F.A. CR. OB. NO. 100094/2016 is filed by the claimants seeking to modify the judgment passed by the learned Senior Civil Judge & Addl. MACT, at Kushtagi (for short 'Tribunal') in M.V.C. No. 508/2010 by fixing liability to pay compensation on the Insurance Company and for enhancement of compensation. M.F.A. No. 22016/2012 is filed by the owner of the offending vehicle against the aforesaid judgment seeking to exonerate him from paying the compensation and to fasten the liability to pay compensation on the Insurance Company (respondent No.1 before the Tribunal).

(2.) For the purpose of easy understanding and convenience the ranks of the parties as per their ranks before the Tribunal is retained.

(3.) The claimants Smt. Shyamidabegum and another have filed a claim petition claiming compensation for the untimely death of the husband of the petitioner no.1 who was traveling in the tempo trax no. KA-49-M-252 on 21.09.2009, which met with an accident at 1.30 p.m. between Hanamasagar-Gajendragad road due to the rash and negligent driving of the said vehicle by the respondent no.2 before the Tribunal, who was driver cum owner of the said vehicle.