1. Though the matter is listed for admission, with the consent of learned counsel appearing for both the parties, it is taken up for final disposal.

2. Claimants who are the wife, parents, brother and sister of the deceased have filed the present appeal for enhancement of compensation against the judgment and award dated 13.8.2015 made in MVC No. 552 of 2012 on the file of Second Addl. District & Sessions Court and Addl. MACT, Bidar, sitting at Basavakalyan (hereinafter referred to as 'the Tribunal' for short), awarding compensation of Rs. 8,99,000 with interest at 7 per cent per annum from the date of petition till realization.

3. It is the case of claimants before the Tribunal that on 25.5.2013 at about 11.30 a.m., deceased Sunil was proceeding to his shop situated at Bhalki on his motor cycle bearing No. MH 14 - AC 6759. When he reached near the village Dadgi on Bhalki - Basavakalyan Road, a lorry bearing No. KA 39-4467 came from behind in a rash and negligent manner, dashed against him and caused the accident. Due to the said impact, the deceased died on the spot.

4. It is the further case of the claimants that the jurisdictional police have registered a case in Crime No. 93/2013 for the offences punishable under S.279 and S.304 - A of Indian Penal Code read with S.187 of Motor Vehicles Act.

5. It is the further case of the claimants that the deceased was the only earning member in the family. In view of his sudden death, the claimants are suffering from mental agony and financial loss. Therefore, they have filed the claim petition.

6. The respondent No. 1 filed the written statement before the Tribunal denying the averments made in the claim petition and contended that the accident occurred not due to rash and negligent driving of the driver of the lorry, but due to rash and negligent driving of the deceased himself. The respondent No. 1 also denied the age, occupation and income of the deceased and contended that the lorry was insured with respondent No. 2 and the driver was having valid driving licence and the policy was in force as on the date of accident.

7. The respondent No. 2, insurance company also filed the written statement denying the averments made in the claim petition and contended that the accident occurred not on account of rash and negligent driving of the driver of the lorry, but on account of rash and negligent driving of the deceased himself and further contended that the driver of lorry was not having valid driving licence and the policy was not in force as on the date of accident. Therefore, sought for dismissal of the claim petition.

8. On the basis of the aforesaid pleadings, the Tribunal framed the following issues for its consideration:

"(1) Do the petitioners prove that on 25.5.2013 at about 11.30 a.m., while deceased was proceeding on motor cycle bearing No. MH 14 - AC 6759 near Dadagi village, the driver of lorry bearing No. KA 39-4467 came from behind at high speed and in a rash and negligent manner and dashed against the motor cycle of the deceased and caused the accident?

(2) Whether petitioners are entitled for compensation? If so, to what extent?

(3) Whether respondents are liable to pay compensation?

(4) What order?"

9. In order to establish the claim, the wife of the deceased was examined as PW 1 and one witness as PW 2 and got marked the documents as Exhs. P1 to P26. The respondent No. 2 examined the ARTO as RW 1 and the Legal Manager as RW 2 and got marked the documents as Exhs. R1 to R7.

10. After considering the entire material on record, the Tribunal has recorded a finding that the deceased died on the spot on 25.5.2013 due to rash and negligent driving of the driver of lorry bearing No. KA 39-4467. Thereby, the respondents are liable to pay the compensation and the claimants are entitled for compensation. The Tribunal, by the impugned judgment and award has awarded a total compensation of Rs. 8,99,000 with interest at 7 per cent per annum from the date of petition till the date of realization.