(1.) This appeal is filed by the wife and sons of deceased Narayanappa @ Adinarayana challenging the judgment and award dated 19.03.2016 passed by the Motor Accident Claims Tribunal and V Addl. Judge, Court of Small Causes, Mayo Hall Unit, Bengaluru ('Tribunal' for short), in MVC No.1939/2015, whereby the Tribunal has awarded a compensation of Rs.9,93,900/- with interest at 9% p.a. from the date of petition till the date of deposit and directed the owner of the offending vehicle to pay the compensation.
(2.) The brief facts of the case are that on 07.04.2015 at about 7.00 p.m. while deceased Naryanappa was walking on the extreme left side of Madhuranagar main road. When he reached near Banyan tree, a tractor and trailer bearing registration No.KA-05/T-2089 and KA-05/T- 209 dashed against the deceased due to the rash and negligent driving by its driver. Due to the impact, left wheel of the tractor ran over the stomach of Naryanaappa and he sustained grievous injures. Immediately, he was shifted to Vydehi hospital, Whitefield, wherein he took treatment as an inpatient and during the course of treatment he died on 12.04.2015. Afterwards, claimants have filed a claim petition before the Tribunal in MVC No.1939/2015.
(3.) To establish their case, wife of the deceased, i.e., claimant herself was examined as PW1 and got marked 9 documents as Exs. P1 to P9. On the other hand, on behalf of the respondents, respondent No.2 examined its Deputy Manager as RW1 and got marked two documents as Exs. R1 and R2. On appreciation of the oral and documentary evidence, the Tribunal granted a compensation of Rs.9,93,900/- with interest at 9% p.a. and fastened liability on the owner of the offending vehicle. Being not satisfied with the quantum of compensation and also being aggrieved by the liability being fixed on the owner of the offending vehicle, claimants have filed this appeal.