SMT. LAXMI AND OTHERS Vs. DURGANNA AND OTHERS

JUDGEMENT

(1.) These appeals are listed for admission, but are taken up for final disposal on the submissions made by the learned counsel for the appellants and the contesting respondent-Insurance Company.

(2.) These appeals arise out of common judgment and award dated 27/2/2018 in claim petitions MVC No. 485/2016 and MVC No. 486/2016 on the file of the MACT V and I Additional Senior Civil Judge, Ballari, (for short 'Tribunal'). The appeal in MFA No. 102483/2018 is filed by the claimants in MVC No. 485/2016 and the other appeal in MFA No. 102502/2018 is filed by the claimants in MVC No. 486/2016. The claimants in MVC No. 485/2016 are the wife, two minor children and parents of the deceased, Late Suresh, while the claimants in MVC No. 486/2016 are the wife, two minor children and mother of the deceased Late Ramesh. These claim petitions are allowed awarding to each set of claimants a sum of Rs. 13,55,200/- along with interest @9% p.a. from the date of respective petitions till the date of realisation.

(3.) The deceased Late Suresh and Late Ramesh suffered injuries while they were walking on the road opposite Edga Maidan, Old By-pass road, Cowl Bazaar, Ballari, when a tractor trailer insured with the contesting respondent-Insurance Company dashed against them and both the deceased succumbed to the injuries. The claimants examined PW-3 as an eye-witness to the road accident and he testified before the Tribunal that the driver of the tractor trailer could not control the vehicle because the trailer tyre burst and consequently hit the deceased resulting in fatal injuries to them. It is based on this ocular evidence and the police records marked by the claimants that the Tribunal concluded that both the deceased succumbed to the injuries suffered in this accident, and because the Insurance Company admitted the policy, the Tribunal directed the Insurance Company to pay the compensation awarded to the claimants.