SHEKAR Vs. KRISHNAPPA TLABIC

JUDGEMENT

(1.) The appeal in M.F.A.No.9378/2012 is filed by the appellants/claimants challenging the judgment and award passed in M.V.C.No.3676/2011 on the file of the Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru City as regards the quantum of compensation. The appeal in M.F.A.No.9457/2012 is filed by the insurance company challenging the judgment and award passed in M.V.C.No.3676/2011 as regards passing an order for pay and recovery.

(2.) The appellants in M.F.A.No.9378/2012 have filed the claim petition before the Tribunal contending that on 06.04.2011 at about 1.30 p.m., the deceased Sampangamma @ Sampangi was pedestrian on the left side of the Mandya - K.M. Doddi Main Road, when the deceased reached near Mariswamy's Weigh Bridge at Singatagere Village, a Tata Indica Car bearing Registration No.KA-51- 8181 driven by its driver dashed against the deceased from behind. As a result, the deceased sustained severe head and bodily injuries and succumbed to death.

(3.) The claimants, who are the children of the deceased, in order to substantiate their claim examined the claimant No.1 as PW-1 and got marked the documents at Ex-P1 to Ex-P14. On the other hand, the respondent No.2- insurance company examined two witnesses as RW-1 and RW-2 and got marked the documents at Ex-R1 to Ex-R3.