(1.) The owner and the claimants being aggrieved by the judgment and award dated 02.09.2013 passed in MVC No.1265/2012 by the MACT-II, Ballary have filed these appeals.
(2.) It is the case of the claimants before the Tribunal that on 06.11.2012 at about 7.00 a.m. near Megalahatty village on SH-19 road, bus stand of Molakalmur Taluk, Siddaiah, S/o of late Nalli Ningaiah was proceeding in an Auto bearing Registration No.KA-34/A-924. At that time, the respondent No.1 drove the said auto in a rash and negligent manner so as to endanger human life and turtled it by the side of the road and thereby the said Siddaiah and others sustained grievous injuries and that Siddaiah was shifted to Government Hospital at Molakalmur for treatment, where he succumbed to the injuries.
(3.) The deceased Siddaiah was earning Rs.400.00 per day as Hamali and Gumastha and he was the only earning member in his family. Claimant No.1is Wife, claimants No.2 to 4 are the son and daughters of the deceased. They claimed compensation of Rs.21,00,000.00 against the driver, owner and insurer of the offending vehicle.