MANJU @ MANJUNATHA Vs. CHANDREGOWDA

JUDGEMENT

(1.) These appeals are preferred by the appellants/claimants against the common judgment and award dated 02.06.2014 rendered by the Senior Civil Judge and JMFC, Pandavapura seeking enhancement of compensation.

(2.) Mfa No.5861/2014 is filed against the order passed in MVC No.439/2012. MFA No.5862/2014 pertains to the case in MVC No.438/2012 and MFA No.5863/2014 is relating to MVC No.436/2012.

(3.) The factual matrix of the appeals is that on 11.01.2012 at about 11.00 AM, claimants and deceased Divya while traveling in TATA Ace No.KA-11-A-0957 in order to attend the function at Chikkallur Temple from Katteri village, the driver of the said TATA Ace drove the vehicle in rash and negligent manner at high speed and near Varuna lake situated on Mysore-T.Narasipura road, he lost control over the vehicle and it got turtled and toppled on the left side of the road, as a result of the same, the accident occurred and daughter of petitioner in MVC No.436/2012 sustained grievous injuries to head and died in hospital on 14.01.2012 and the petitioners in other petitions sustained injuries. They had spent huge amount towards medical expenses and food, diet, transportation, attendant charges. Prior to the accident, the petitioners were hale and healthy and were earning good income. After the accident they are not able to do the work as earlier. Further, deceased Divya was aged 31/2 years old and was very active and bright and she was the only daughter to the petitioners in MVC No.439/2012. Since the accident occurred due to rash and negligent driving of the offending TATA Ace vehicle, by its driver, respondent no.1 being the owner and respondent No.2 being the insurer are jointly and severally liable to pay the compensation. On these grounds, the claim petitions were filed seeking compensation before the Tribunal.