BASAVANT Vs. ANIL MALAKARI KARIGAR

JUDGEMENT

(1.) Though these appeals are coming on for admission, as service of notice in both the appeals is complete and records are received, with the consent of both the counsels, the appeals are heard on merits and taken up for final disposal .

(2.) The claimants being aggrieved by the judgment and award dated 19.6.2015, passed in MVC No.1958/2013 and MVC No.1959/2013, on the file of I Addl. Senior Civil Judge and Addl. MACT, Belagavi, have filed these appeals.

(3.) It is the case of the claimants before the tribunal that, on 10.6.2013, at about 11.30 a.m., Smt.Gangavva was travell ing as one of the pillion riders on Hero Honda motorcycle, which was driven by Santosh Basavant Gasti on Malawad Chinchali road in Raibag taluk towards Nilaji. When the said motorcycle was proceeding near Chinchali village, the rider of the motorcycle tried to overtake tractor bearing No.KA-23/TB-6929 and the driver of the tractor also suddenly took the tractor towards his right side and hit the motorcycle. Due to the impact, Smt.Gangavva died on the spot and rider of the motorcycle Santosh Basavant Gasti succumbed to the injuries in KLE Hospital on 23.7.2013 and the pillion rider by name Lavappa Ningappa Gasti also sustained grievous injuries. Therefore three major sons of Gangavva filed claim petition in MVC No.1958 of 2013 claiming compensation. Similarly the parents of deceased Santosh Basavant Gasti, filed claim petition in MVC No.1959/2013.