MFA No.2179/2018 is filed by the Insurance Company for

reduction of the compensation and MFA No.2325/2018 is filed

by the claimants for enhancement of compensation. These

appeals are filed against the common Judgment & Award dated

30^th December 2017 made in MVC No.217/2017 on the file of

the Senior Civil Judge & JMFC & Addl. MACT, Channapatna,

awarding total compensation of Rs.12,04,000/- with interest at

6% per annum from the date of petition till the date of deposit.

2. It is the case of the claimants, who are father and

mother of the deceased - Darshan that on 17.3.2017 at 6.00

a.m. when the deceased Darshan was proceeding in the Hero

Honda Passion motorcycle bearing Registration No.KA-42.M-

1492 near Honganuru lake bund, Channapatna-Honganuru

road, at that time the driver of the lorry bearing Registration

No.KA-42-6491 came from Channapatna side in high speed and

rash and negligent manner and dashed against the deceased

Darshan's vehicle and caused accident, as a result the

deceased Darshan dashed to another motorcycle and he fell

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down and the wheel of the lorry ran over him and he sustained

grievous injuries on his head and all over the body and died at

the spot. It is further case of the claimants that the deceased

was 20 years at the time of the accident and he was working in

Toyota company and earning Rs.12,000/- per month and the

claimants lost love and affection and earning member of the

family. Therefore, the claimants sought for total compensation

of Rs.40,00,000/-.

3. Inspite of service of summons, respondent/owner of

the vehicle remained absent and he was placed exparte before

the Tribunal. The respondent No.2/Insurance company in MFA

No.2325/2018

filed

the

written

statement

denying

the

averments made in the claim petition. The 2^nd respondent

/Insurance company though admitted that the policy of the

offending vehicle was in force as on the date of the accident,

has contended that the liability is subject to terms and

conditions of the policy. It is further contended that driver of

the offending vehicle did not possess valid and effective Driving

Licence as on the date of the accident. Therefore, sought for

dismissal of the claim petition.

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4. Based on the aforesaid pleadings, the Tribunal framed

following two issues for consideration:

<1.

Whether

the

petitioners

prove

that

Sri

Darshan C succumbed in the Road Traffic

Accident that occurred on 17.03.2017 at

about 6.00 a.m. near Honganuru lake,

Honganuru village, Channapatna which was

due to rash and negligent driving of Tipper

Lorry bearing No.KA-12.6491 by it9s driver?

Whether the petitioners are entitled for

compensation? If so how much and from

whom?=

5. In order to prove their case, claimant No.1 examined

herself as PW.1 and got marked 14 documents as per Ex.P1 to

Ex.P14. The Insurance Company has neither adduced any

evidence nor got marked any documents on its behalf.

6. Considering both the oral and documentary evidence

on record, the Tribunal answered Issue Nos.1 and 2 in the

affirmative holding that the claimants proved that the deceased

Darshan succumbed in the road traffic accident that occurred

on 17.3.2017 at about 6.00 a.m. near Honganuru lake,

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Honganuru village, Channapatna, which was due to rash and

negligent driving of Tipper Lorry bearing No.KA-12-6491 by its

driver

and

the

claimants

entitled

for

compensation.

Accordingly, the Tribunal awarded total compensation of

Rs.12,04,000/- with interest at 6% per annum from the date

of petition till the date of deposit. Hence, MFA No.2179/2018 is

filed by the Insurance Company for reduction of compensation

and MFA

No.2325/2018 is filed by the claimants

for

enhancement of compensation.

7. We have heard the learned counsel for the parties to

the lis.

8. Sri Ashok N. Patil, learned counsel for the Insurance

company

contended

with

vehemence

that

the

Tribunal

proceeded to award total compensation of Rs.12,04,000/- with

interest at 6% per annum erroneously without