CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR) These appeals arise out of the judgment and award passed in MVC No.694/2018 dated 22nd April 2021 by the IV Addl. District and Sessions Judge and Member, MACT- XIII, Vijayapura (in short `the Tribunal’), wherein the Tribunal awarded an amount of Rs.16,54,000/- to the claimants for the death of deceased-Dharmappa and held respondent no.1- i.e. owner of the tractor liable to pay the compensation. Thus, the claimants/appellants have approached this Court for enhancement of compensation in MFA No.201179/2021 whereas, the appellant in MFA No.200475/2022 who is the owner of the Tractor, has challenged the fastening of liability on him by the Tribunal.

2. In MFA No.201179/2021, the appellants are the mother, wife and children of deceased – Dharmappa who died as a result of motor accident that occurred on 29.04.2018 at 2.50 p.m. in the land of one Basanagouda Hosamani at Kuralgera Village when he was working in the land. It is the case of claimants that, the driver of Tractor No.KA-32/TA-7810 suddenly moved the vehicle in a rash and negligent manner and ran over the deceased thereby, caused accident, due to which, the deceased su