JUDGMENT

The above appeal is filed by the insurer challenging the judgment and award dated 12.4.2013 passed in MVC No.8282/2011 by the XI Additional Judge, MACT, Court of Small Causes, Bangalore1, seeking for enhancement of compensation.

2. For the sake of convenience, the parties herein are referred as per their rank before the Tribunal.

1 Hereinafter referred to as the ‘Tribunal’

3. The relevant facts necessary for consideration of the present appeal are that one K.Ramachandra2 was travelling on a tractor trailer on 15.7.2011 as its loader/coolie under the first respondent, when the said tractor being driven by its driver in a rash and negligent manner met with an accident, as a result of which the deceased succumbed to the injuries sustained in the said accident. Claiming compensation for the death of the deceased, his wife, son and mother filed a claim petition arraying the owner and insurer of the tractor trailer as respondents in the claim proceedings.

4. The claimant No.1 was examined as PW.1.

Exs.P1 to P12 were marked in evidence. The officer of the second respondent – insurer was examined as RW.1. Exs.R1 to R3 were marked in evidence. The Tribunal by its judgment and award dated