YANKKAPPA Vs. LAKKAVVA

JUDGEMENT

(1.) Mfa No.100288/2015 is filed by the owner of the vehicle to set aside the impugned judgment and award and MFA No.100610/2015 is filed by the claimants for enhancement of the compensation against the judgment and award dated 07.11.2014, passed by the Additional MACT, Hukkeri in MVC No.1969/2011.

(2.) Though the case is listed for admission, with the consent of the learned counsel for the parties, it is taken up for final disposal.

(3.) It is the case of the claimants who filed MVC No.1969/2011 before MACT, Hukkeri that on 29.04.2011 at about 22.30 hours the deceased was proceeding on his motorcycle bearing registration No.KA-49/E-3295 as a pillion rider from Madihalli Village towards Ghataprabha, one Raju Halappa Hegade was riding the said motorcycle in slow manner on his left side of the road, near B.G. Patil Petrol pump, at that time, a tractor and trailer unit bearing Nos.KA-23/TA 978, KA-23/TQ 979, KA-23/TA-980 loaded with sugarcane coming from behind in rash and negligent manner without following traffic rules, as a result of which, the driver of the said tractor and trailers lost control over the vehicle and dashed to the motorcycle and caused the accident. Due to impact of the accident, the deceased fell down, has sustained the grievous fatal injuries to the vital parts and all over the body. He was shifted to J.G. Co-operative Hospital, Ghataprabha, first aid treatment was given and as per advise of doctor deceased was shifted to KLE Hospital, Belgaum admitted as indoor patient, while under treatment on 30.04.2011 at 5.30 a.m. he succumbed to the injuries. The post mortem of deceased was conducted at KLE Hospital, Belgaum. The petitioners have spent Rs. 10,000/- towards medical expenses and Rs. 30,000/- towards conveyance and funeral expenses.