SAKU Vs. SHIVANAND CHANNAPPA MANAGUNDI

JUDGEMENT

(1.) This appeal is filed by the claimants challenging the judgment and award dated 18/06.2014, passed by the I-Additional Senior Civil Judge and Additional MACT, Belgaum (for short "the Tribunal") in MVC No.193/2013, whereby the tribunal awarded compensation of Rs.13,79,000/- with interest at the rate of 9% p.a. from the date of petition till its entire realization and also fastened the liability on the owner of the vehicle.

(2.) The brief facts of the case are that on 16.12.2012, the deceased - Tukaram Choti was traveling in the motorcycle bearing registration No.KA-48/J-1324 as pillion rider and his relative was riding the motorcycle towards Banahatti. When they came near Asangi cross, on Banahatti-Jamkhandi road aroud 2:45 p.m., a jeep bearing registration No.KA-25/C-7968 came from opposite side in a rash and negligent manner and dashed to the motorcycle. Due to the said accident, Tukaram Choti sustain grievous injuries and died at the spot and the rider of the motorcycle also succumbed to his injuries later in the hospital. The claimants i.e., wife, sons and parents of the deceased have filed the claim petition in MVC No.193/2013 before the Tribunal for seeking compensation.

(3.) In order to establish their case, the claimants have examined two witnesses and marked six documents. On the other hand, the Insurance Company has examined two witnesses and marked ten documents. On appreciation of the oral and documentary evidence, the tribunal has awarded compensation of Rs.13,79,000/- with interest at the rate of 9% p.a. from the date of petition till its entire realization and fastened the liability on the owner of the vehicle. Being aggrieved by the same, the claimants have filed this appeal.