T. N. VALLINAYAGAM, J.

( 1 ) THIS appeal is directed against the award dated 17. 2. 1993 passed by the Principal District Judge, motor Accidents Claims Tribunal at Dhar-wad on 12. 2. 1993 granting a total sum of rs. 72,000 to the deceased appellant in respect of the accident on 11. 3. 1987 near rachoteshwar Temple in Vokkalgeri Oni, gadag, in which accident the deceased is said to have suffered injuries initially (but succumbed to such injuries later ).

( 2 ) CLAIMING a total compensation of rs. 4,00,000, a petition was filed by the deceased Sridevi who was aged about four years at the time of accident, through her father as guardian alleging that the deceased Sridevi was injured while she was going to the temple by the truck bearing no. CNB 4373 which was driven by the respondent No. 1. The respondent No. 2 was the owner and the respondent No. 3 was the insurer of the vehicle. Before the trial court, PWs 1 to 3 were examined and Exhs. P-l to P-3 were marked and no evidence was adduced on the side of the respondents. The insurance company contested the claim by alleging that the accident was solely due to the negligent act of the child and not on account of negligence on the part o

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