D.SRINIVASULU Vs. K.PRAKASH

JUDGEMENT

(1.) This appeal is at the instance of the claimants seeking enhancement of compensation awarded by the learned Senior Civil Judge & MACT at Gangavathi in the Judgment & Award dtd. 28/4/2011 in MVC No.310/2009.

(2.) Brief facts of the case are that on 13/9/2009 at about 11:00 a.m. near Panjabi Dhaba Hotel, Haveri Road, while the deceased was proceeding on TVS Motorcycle bearing registration No.KA-37/K-5797 as a pillion rider, offending Tractor bearing registration No.KA-37/T-5695 with its driver driving in a rash and negligent manner and in high speed came and dashed against the motorcycle, resulting in death of the deceased.

(3.) On claim petition being filed, the driver and owner (respondent Nos.1 & 2 before the learned MACT) remained exparte and only the Insurance Company resisted the claim petition by filing detailed statement of objections.