AKHILA BANU AND ANOTHER Vs. RAYIGOWDA AND ANOTHER

JUDGEMENT

(1.) The appeal filed by the claimants in MFA No. 6687/2017 and the appeal by the insurer in MFA No. 1574/2017 lay a challenge to the judgment and award dated 13.12.2016 made by the II Additional MACT, Hassan allowing the MVC No. 1290/2015, whereby a compensation of Rs.11,13,000/- with interest at the rate of 6% per annum, has been awarded. The challenge by the claimants is on the ground of inadequacy of compensation whereas the challenge by the insurer is on the ground that the award is in excess of entitlement.

(2.) The brief facts stated are: in a vehicular accident that happened on 04.07.2015 because of rash and negligent driving of the offending Tipper Lorry bearing registration No. KA-13-A-271, one Mr. Azgal Ali sustained fatal injuries and succumbed to the same later. In the claim petition filed by the legal representatives of deceased, the Written Statement was filed by the insurer resisting the claim.

(3.) To prove the case, mother of the deceased Smt. Akila Banu was examined as PW.1; one Mr. Shadaf Saleem and another Mr. Abdul Kayam were examined as PWs.2 and 3. From the claimant's side, as many as eleven documents came to be marked as per Ex.P.1 to Ex.P.11, which included the charge-sheet, Post-mortem Report, Driving License, Ration Card and Genealogical Tree amongst other. From the side of the insurer, none was examined as a witness nor any document was got marked. The MACT, after looking to the pleadings of the parties and appreciating the evidentiary material on record has made the impugned judgment and award.