KUSUMA I M Vs. ADONG

JUDGEMENT

(1.) This appeal is directed against the judgment and award in MVC No. 91/1998 dated 29-5-2002 on the file of the Additional Civil Judge (Sr. Dn.) and MACT- III (for short Tribunal). Davanagere. The appellants are the claimants, the first respondent is the owner and the second respondent is the insurer of the offending vehicle. The claimants have sought award of 25 lakhs towards compensation on account of the death of I.M. Muchatti in the accident in question. However, the Tribunal has awarded a total compensation of Rs. 7,28,304/- with interest at 8% per annum. The appeal has been filed seeking enhancement of compensation.

(2.) It is the case of the claimants that on 1-6-1996 at about 11.00 a.m. the deceased was travelling from Davanagere to Anagodu in a scooter bearing No. KA-17/H-3051. When he came near Vaddanahalli cross on NH. 4, the car bearing No. MH-12/W-782 suddenly dashed against the scooter driven by the deceased. It is further contended that the cause for accident was the rash and negligent driving of the car by its driver. The deceased succumbed to the injuries sustained by him in the accident. After service of notice, the first and second respondents have entered appearance and have filed their reply denying the petition averments. On the basis of the pleadings of the parties, the Tribunal framed the following issues :

(3.) The first claimant got herself examined as P. W1 and a witness by name Jayanna was examined as P. W. 2. Documents Ex. P1 to Ex.P6 have been marked in their evidence. The respondents have not let in any evidence. However, by consent, documents Ex. R1 to Ex. R3 have been marked on behalf of the respondents. The Tribunal has held issue Nos. 1 and 2 in the affirmative and in favour of the claimants. The Tribunal has awarded a sum of Rs. 7.28,304/- towards compensation with interest at 8% per annum from the date of the award til! the date of deposit.