KUMARI DEEPA Vs. RASOOL IBRAHIMSAB MULLA

JUDGEMENT

(1.) These MFAs and MFA CROB are filed by the claimants and the insurer being aggrieved by the common judgement and award dated 01.08.2012 passed in MVC No.651/2010, MVC No.652/2010, MVC No.653/2010 by the MACT-VII Vijayapur.

(2.) Mfa CROB No.200040/2015 is filed by the claimant in MVC No.651/2010 and MFA No.32350/2012 is filed by the insurer in respect of the same claimant. MFA No.32083/2013 is filed by the claimants for enhancement of the compensation in MVC No.653/2013 and MFA No.32351/2012 is filed by the insurer in MVC No.652/2010. Since all the appeals arise out of the common judgment and award, they are heard and disposed of by this common judgment.

(3.) It is the case of the claimants before the tribunal that on 07.12.2009 at about 4.00 p.m. the deceased Basavaraj, petitioner No.3 and petitioner in MVC No.651/2010 were all travelling in a tempo trax bearing NNo.A-29/M-3084 from Bijapur towards Kudal sangam and they left Bijapur after attending marriage ceremony in the said jeep at about 4.00 p.m. when the said jeep was proceeding near Nidagundi bus stand towards Almatti cross near the land of one Shyamarao Parvatikar, a truck bearing No.KA-28/A-5204 came from opposite direction in high speed loaded with cement poles and steel rods and other steel items for electrical purpose and driver of the said lorry drove the same in a high speed and due to the pits on the road, the lorry jumped due to heavy jerks and one steel rod which is about 7 ft. was came out of the body of the truck and suddenly fell on the front portion of the jeep, the front glass of jeep was completely broken and the steel rod entered inside of the body of the jeep forcibly dashed against the deceased and also dashed to petitioner No.3 and minor petitioner Deepa and due to the said incident Basavaraj sustained injuries and succumbed to the said injuries, whereas the petitioners in MVC No.652/2010 and MVC No.651/2010 sustained simple and grievous injuries. The deceased was aged about 30 years and he was earning Rs.20,000/- per month. The LRs of the deceased have filed MVC No.653/2010 claiming compensation of Rs.61,30,000/-. The petitioners in two other petitions have claimed compensation of Rs.6,10,000/- and Rs.13,60,000/- respectively against the owner and insurer of the offending lorry. The owner of the tempo trax is also implead as respondent No.3.