SHASHIKALA Vs. D R S TRANSPORT PRIVATE LTD

JUDGEMENT

(1.) These four appeals are directed against the common judgment and award dated 19th March 2012 passed by the IV Additional Judge, Court of Small Causes and Member MACT, Bangalore City (SCCH 6). The tabular representation of the appeals filed, MVC numbers, death/injury, compensation awarded by the learned Member are as under:

(2.) In all the four cases, appellants are the claimants. In MFA Nos. 6004/2012 and 6005/2012 claimants are the dependants by virtue of the death of Sri. H.K.Narayana Swamy and Minor Prasanna. In MFA Nos. 6006/2012 and 6007/2012, claimant Shashikala and Chinnamma are the injured persons. All are inmates of the Tata Sumo bearing Registration No.KA.06.M.2588 belonging to 3rd respondent-Sri. Munivenkataswamy and insured with 4th respondent- New India Assurance Company Limited.

(3.) The happening of the accident as reflected from the record is, that on 15.10.2008 at 9.30 p.m., H.K.Narayana Swamy, his wife Smt. Shashikala, son Prasanna, his mother Smt. Chinnamma and others were proceeding to Mantralayam from Handenahalli in a Tata Sumo bearing Registration No.KA.06.M.2588 belonging to 3rd respondent. When they were proceeding on National High way No.7 at Sadali cross, Chikkaballapur Taluk, the driver of Tata Sumo was not able to notice and locate the parking of heavy goods vehicle Lorry bearing Registration No. HR.38.D.8443