JUDGMENT :

The appeal in MFA No.2485/2009 is filed by the Insurer of the lorry bearing registration No.KA126786 (referred to as ‘the offending vehicle’) calling in question the judgment and award dated 13.01.2009 in MVC No.1425/2006 on the file of the Fast Track CourtIII and MACT., Mysuru (for short, ‘the tribunal’). The claimants, who are the dependents of the deceased David who succumbed to the injuries suffered in the road accident involving the offending vehicle, have filed the cross appeal seeking enhancement in the compensation awarded by the Tribunal.

2. The undisputed facts are that the deceased David on 06.11.2006 was travelling in an auto rickshaw, when it was involved in an accident with the offending vehicle. He succumbed to the injuries suffered in the accident. The Tribunal, on appreciation of the evidence, has awarded a total sum of Rs.4,80,000/- along with interest at the rate of 6% per annum from the date of petition till the date of disposal. This amount of Rs.4,80,000/i