- (1.) These appeals by the claimants and the Insurer are directed against the same impugned judgment and award dated 21/11/2008 passed in MVC No.550/2007 passed by the District Judge and Presiding Officer, Fast Track Court-I, Member, Motor Accident Claims Tribunal-3, Chickmagalur, (for short ' Tribunal').
(2.) By its judgment and award, the Tribunal has awarded a sum of Rs. 5,20,000/- under different heads with interest at 6% p.a., from the date of petition till realization as against the claim of the claimants for a sum of Rs. 32,00,000/-, on account of the death of the deceased Sri. Sheik Javeed in the road traffic accident.
(3.) The claimants being the legal representatives of the deceased Sri. Sheik Javeed have filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation against the driver, owner and insurer of the offending vehicle, on account of the death of the deceased in the road traffic accident, contending that, on 5.9.2007 at about 2.30 a.m. deceased was returning from Mangalore along with his goods in a TATA 407 goods tempo bearing No.KA.18.6588, the driver of the said tempo drove the same in a rash and negligent manner, lost control over it near Dambekallu village on 9-10 hairpin curve on Charmadi Ghat, due to which, vehicle fell to the ghat which is 30 ft. down from the road level, due to which deceased sustained injuries and died at the spot.;