SHARADAMMA Vs. CHAND PASHA

JUDGEMENT

(1.) These appeals, by the claimant in MFA No.8153/2012 and by the Insurer in MFA No.10054/2012 are challenging the impugned judgment and award dated 06.07.2012 passed by the MACT, Bengaluru City, allowing MVC No.4722/2011, whereby a compensation of Rs.3,18,000/- is awarded with interest at the rate of 6% per annum thereof.

(2.) The brief facts of the case are that in a vehicular accident that happened on 25.02.2011 because of the rash and negligent driving of lorry bearing Registration No.KA-21/3194 one Mr. Narayanswamy @ Narayanappa sustained fatal injuries and succumbed thereto. The claim petition filed by the LRs. of the deceased in MVC NO.4722/2011 before the MACT was resisted by the Insurer by filing the Written Statement.

(3.) To prove their claim, the 1st claimant Smt. Sharadamma wife of the deceased Narayanaswamy was examined as PW1. In her evidence, relevant documents came to be marked as per Exs.P1 to P11. These documents included the Police Papers, Election ID Cards of the deceased and of the claimants and Genealogy tree of the family. From the side of the Insurer no one was examined nor any document was marked. The MACT looking to the pleadings of the parties and the evidence on record, both oral and documentary, has entered the impugned judgment and award.