BABY ARSHIYA Vs. SHIVAPPA

JUDGEMENT

(1.) M.F.A.Nos.5395/2013 and 5394/2013 are preferred by the owner and MFA Nos.5455/2013 is preferred by Baby Arshiya, claimant in MVC No.980/2011 and M.F.A.No.5454/2013 is preferred by parents of deceased Ayeesha, claimants in MVC No.979/2011 against the Judgment and award dated 28.01.2013 passed by the III Additional District Judge and MACT, Tumkur.

(2.) In order to avoid confusion and overlapping, the parties are hereinafter referred with reference to their status and rankings as it stood before the Tribunal.

(3.) Road traffic accident is said to have taken place on 11.06.2011 when Ayeesha and Arshiya and others were traveling in Auto bearing registration No.KA-06- A-5467 from Tumkur towards Dasihali, and when they came near Vadavanagatta village N.H.48 at that time another luggage Auto bearing registration No.KA-44- 3439 driven by its driver came from Mayasandra side with high speed in a rash and negligent manner and dashed against the auto in which petitioners were traveling. Due to impact said Ayeesha, aged 12 years sustained grievous injuries and succumbed to them while taking her to Adi-Chunchnagiri Hospital. Arshiya sustained injuries and took treatment in Adi Chunchanagiri Hospital from 11.06.2011 to 16.06.2011 and spent a sum of Rs.30,000/-for medical expenses. Her age is stated to be 12 years.