JUDGMENT

V. Srishananda, J. - Being not satisfied with the judgment and award dated 12.03.2009, passed by the MACT-VII, Hospet in MVC No.431/2008, the Insurance company has preferred this appeal and the claimants have also filed the Cross Objection No.865/2013 for enhancement of compensation.

2. Brief facts which are necessary for the disposal of this appeal are as under :

It is contended in the claim petition that on 01.03.2008 at about 5.00 a.m. that C. Surendrakumar was proceeding near Gangavati cross on his vehicle and at that juncture the driver of the lorry bearing No.KA- 08/B-1499 came in rash and negligent manner and dashed against the Surendrakumar's lorry, as a result of which, he sustained grievous injuries and died on the spot. It is further contended that the accident has occurred on account of rash and negligent of driving of the offending vehicle bearing No.KA-08-/B-1499 and the claimants have lost their bread winner and sought for award of compensation.

3. On issuance of notice, respondents No.1 to 3 have appeared before the tribunal. While the respondent No.3-Insurance company filed its written statement denying the averments made in the claim petition and other res