B. Veerappa, J.

This is claimants' appeal for enhancement compensation against the judgment and award dated 05th September, 2015 made in MVC No. 1329/2014 on the file of the Prl. Senior Civil Judge and MACT-V, Vijayapura, ('MACT' for short) awarding compensation of Rs. 9,20,000/- with interest at 9% per annum from the date of petition till realization.

2. It is the case of the claimants before the MACT that on 17.05.2014 at about 8.15 p.m. near Kumbar Vasti, on Tikota to Babanagar Road, when the deceased was on the way to his agricultural land at Babanagar on his motor cycle bearing registration No. KA-29/E-23, the driver of the goods pick up van bearing registration No. AP-02/U-7364 came from opposite direction in a high speed in rash and negligent manner and dashed against the motor cycle, due to which the deceased sustained grievous injuries and succumbed to the injuries. At the time of the accident, the deceased was aged about 40 years and was hale and healthy and was earning Rs. 7,500/- per month from agricultural work. Therefore, prayed for compensation of Rs. 18,95,000/-.

3. The respondent No. 1 filed written statement and denied the averments made in the claim petition and contended that on the date of the accident, the driver of the goods pick up van bearing registration No. AP-02/U-7364 was holding a valid driving licence and the insurance policy was in force. Therefore, he is not liable to pay the compensation and insurance company has to pay the same. Respondent No.2 filed objections and denied the averments made in the claim petition and admitted that the policy was in force and contended that liability of the insurance company is subject to the terms and conditions of the insurance policy, existence of driving licence and permit. It was also contended that the accident was not occurred due to rash and negligent driving of the goods vehicle, but it was due to the actionable negligence on the part of the deceased himself, and therefore, sought for dismissal of the claim petition.

4. On the basis of the aforesaid pleadings, the MACT framed the following issues :

(i) Whether the petitioner proves that oh 17.05.2014 at 08.15 p.m. near Kumbar Vasti, on Tikota to Babanagar Road, the driver of the goods pick up vehicle bearing registration No. AP-02/U-7364 dashed his vehicle as against the motor cycle bearing its reg. No. KA-29/E-23 in high speed and in rash and negligent manner and caused the accident resulting the death of one Shivaji, S/o Malaku Rathod?

(ii) Whether the respondent No. 2 proves that the accident took place due to rash and negligent riding of motor cycle by the deceased himself?

(iii) Whether petitioners prove the age and income of deceased?

(iv) Whether the petitioners are entitled for compensation? If so, to what quantum and from which of the respondents?

(v) What is final order or award?

5. In order to substantiate the claim, the widow of the deceased/claimant No.1 was examined as RW. 1 and another witness as P.W.2 and got marked documents Exs.P.1 to P.7. The respondent did not adduce any evidence and marked copy of the insurance policy as Ex.R. 1.

6. After considering the entire material on record and after hearing learned counsel for both the parties, the MACT recorded a finding that the claimants proved that the accident occurred on 17.05.2014 was due to the rash and negligent driving of the goods pick up van bearing registration No. AP-02/U-7364 and as a result the deceased succumbed to injuries. The 2nd respondent insurance company failed to prove that the accident took place due to rash and negligent driving of the motor cycle by the deceased and ultimately MACT held that the appellants are entitled to compensation. Accordingly, by the impugned judgment and award, the MACT by order dated 05.09.2015 awarded compensation of Rs. 9,20,000/- with 9% interest per annum from the date of petition