SUSHILABAI Vs. SHANKAR

JUDGEMENT

(1.) Appellants have assailed the judgment and award passed by the Principal Senior Civil Judge and MACT No.V, Vijayapura ('Tribunal' for short) dated 22.02.2017 in MVC No.1445/2014 whereby the claim petition filed by the appellants/petitioners under Section 166 of the Motor Vehicles Act,1988 ('Act' for short) has been allowed partly, awarding total compensation of Rs.4,00,000/- along with interest at the rate of 9% per annum from the date of the petition till its realization.

(2.) The appellants are the claimants before the Tribunal. The appellants contended that they are the legal representatives of the deceased Subbaraya S/o Chandram Kudiganur who died in a road traffic accident, which occurred on 04.07.2014. It was contended that the said road traffic accident occurred due to the rash and negligent driving of the driver of Tractor and Trailer bearing Registration No.KA-28/TB-6338 and KA-28/TA- 2847 duly insured with the insurance companiesrespondent Nos.2 and 4 herein. It was contended that the victim succumbed to the accidental injuries and accordingly they sought for compensation under Section 166 of the Act.

(3.) After service of notice, the owner of the Tractor-respondent No.1, insurer of the said Tractorrespondent No.2, owner of the Trailer-respondent No.3 and insurer of the said Trailer-respondent No.4 appeared through their respective counsel and contested the claim.