LAHU Vs. P SUDHAKAR

JUDGEMENT

(1.) These two appeals are filed by claimants for enhancement of the compensation against the judgment and award dated 30-03-2016 made in MVC.No.2176/2013 and MVC No.2177/2013 on the file of IV Addl. District & Sessions Judge and Member MACT.No.XIII Vijayapura awarding compensation of Rs.1,87,000/- and Rs.66,000/- respectively in respect of two claimants alongwith interest at 9% per annum from the date of petition till realization.

(2.) The facts of the case are:-

(3.) The first respondent remained absent and placed exparte. The second respondent, Insurance Company appeared and filed written statement denying all the averments made in the claim petition and contended that the alleged accident occurred in Maharashtra State, the petitioner has misrepresented his residential address as Bijapur. Therefore the petition is liable to be dismissed for want of territorial jurisdiction. Second respondent has further contended that, the driver of the Tum Tum was driving the said vehicle in high speed in a rash and negligent manner and he also contributed his negligence in occurrence of the alleged accident. Therefore sought for dismissal of the claim petitions.