VITTHAL NAGAPPA DHARMATTI Vs. MARUTI LAXMAN JINGI

JUDGEMENT

(1.) This appeal by the insurance company and the counter appeal by the claimants arise from a common judgment and award dated 08.02.2012 rendered by the Fast Track Court-IV, Belagavi, in MVC No.2012 of 2010. They are taken together since common questions of law and facts arise.

(2.) The facts leading to the claim petition brief ly stated are: In a motor vehicular accident that happened on 08.09.2010, an i l l-fated minor boy of 07 years namely Beerappa Vitthal Dharmatti sustained fatal injuries and succumbed to the same. The said accident was due to rash and negl igent driving of the driver of the maxi-cab bearing registration No.KA- 49/1564.

(3.) The legal representatives of the deceased fi led a claim petition which was resisted by the insurance company by fi l ing Written Statement. From the side of the claimants, one Vitthal Nagappa Dharmatti, the father of the deceased, was examined as PW-1 and seven documents came to be marked as Exs.P-1 to P-7. From the side of the insurance company, one Veerabhadrayya Madiwalayya Appayyanavar was examined as RW-1 and three documents were marked as Exs.R-1 to R-