This appeal is filed under Section 173(1) of Motor

Vehicles Act, 1988 (for brevity ‘M.V. Act’) by the

appellants / claimants, calling in question the judgment

and Award dated 22.01.2021 passed in MVC No.198/2019

on the file of MACT-XII, Ballari (for brevity ‘Tribunal’) for

seeking enhancement of the compensation.

Brief facts leading to the case are that on 07.12.2018

at about 00.30 a.m. after loading the paddy crop in the

lorry bearing registration No.KA-34/B-1503, the deceased

Pakruddin being the driver of the said lorry was

proceeding along with the cleaner on NH-150/a near

Kodihalli gate, Challakere taluk, at that time, the driver of

the offended lorry bearing Regn. No.KA-16/C-8587 came

from opposite direction in high speed, rash and negligent

manner and dashed to the lorry of the deceased and

thereby caused the accident. As a result, the deceased

sustained fatal injuries all over the body and he was

shifted to Government Hospital, Challakere and later to

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VIMS hospital Bellary. But he succumbed to injuries while

taking treatment. As such, a case was registered against

the driver of the offending truck bearing regn. No.KA-

16/C-8587 in Crime No.173/2018 of Thalak Police Station

for the offences punishable under Sections 279, 338 and

304-A of IPC. Accordingly, a claim petition was filed by the

appellants/claimants who are the legal heirs of deceased

i.e. wife and children under Section 166 of MV Act,

claiming

compensation

for

the

death

of

deceased

Pakruddin. The Tribunal after appreciating the material

and evidence on record allowed the claim petition in part

and awarded compensation of Rs.14,74,000/- along with

interest at the rate of 7% per annum from the date of

petition till the date of realization. The Tribunal held

respondent Nos.1 and 2 jointly and severally liable to pay

the said compensation to the appellants/claimants. Being

aggrieved by the said award this appeal is filed by the

claimants/appellants seeking enhancement of the award.

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Heard the arguments of the learned counsel for

appellants/claimants

and

the

learned

counsel

for

respondent-Insurance Company and perused the materials

on record.

4.

The

learned

counsel

for

appellants/claimants

contended that the Tribunal passed the impugned

judgment and award without looking into the facts and

circumstances of the case and also without appreciating

the evidence on record which is arbitrary and contrary to

the law and facts of the case. The learned counsel further

contended that the Tribunal erred while granting the

compensation in different heads, more particularly by not

properly considering the nature of avocation and income of

the deceased. As such, the learned counsel prays to allow

the appeal filed by appellants and prays to enhance the

compensation amount by modifying the judgment and

award, passed by the Tribunal.

5.

Per contra, the learned counsel for respondent No.2

i.e. Insurance company would contend that the Tribunal

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rightly awarded the compensation by considering the

evidence on record and the Tribunal also awarded the

compensation in different heads as per the settled

principal of law by this Court and Hon’ble Apex Court.

Accordingly, learned counsel prays to dismiss the appeal.

6.

We have bestowed our anxious consideration to the

submissions made by both the parties and the evidence

and materials available on record including the trial Court

records, placed before us.

7.

Having heard both the parties and on perusal of the

records, there can be no doubt that death of the deceased

Pakruddin i.e husband of the first appellant and father of

appellant Nos.2 and 3 was caused in a road accident due

to the rash and negligent driving of the offending vehicle

bearing

regn.No.KA-16/C-8587

owned

by

the

first

respondent and insured by the second respondent. Even

otherwise, the said aspect substantiated by the documents

ie. Ex.P1-the FIR, Ex.P2-the Complaint and EX.P7-the

charge sheet filed by the jurisdictional Police against the