JUDGMENT : Wife and children made a claim petition in MVC No.125/2011 passed by the Senior Civil Judge & Addl. MACT at Shorapur and the same came to be disposed on 27.10.2014 by awarding compensation of Rs.8,79,000/-. Against the same, this appeal is filed. 2. The ground taken by the appellant is that deceased the rider of the vehicle himself, was charge sheeted and he was a tortfesor. Hence the liability fixed on the insurance is a contrary to law. In supporting the submissions learned counsel referred a charge sheet, FIR, spot sketch and MVI report and it is the specific case of the appellant insurance that when a tortfesor itself is the rider of the vehicle who has been charge sheeted, the question fixing the liability on the insurance does not arise. The notice was issued on 23.02.2015 on the respondents. Despite of the notice taken to the registered address of the respondents, the same has not been represented. The learned counsel made a prayer for granting some time to take steps for the purpose of serving notice. 3. I have gone through the order. The accident had taken place on 08.12.2007 where the husband of the first petitioner and the father of the petitioner Nos.2 and 3 died in the accident. Accident is not in dispute, so also the registration of case against the rider himself. Then the question would be whether the Tribunal has committed an error in fixing 50% liability? for which I have gone through the reason assigned at para 16 of the judgment. The learned judge held that : “When “such being so, the parking of the lorry on” the road in the left side is found true but it is necessary to ascertain whether there was a breakage of joint rod park the same on the road that too whether it was arranged with proper signals of indications?. In this regard, I have gone through the contents of the Charge-Sheet more particularly the mahazar, wherein there are no any whispers regarding the arrangements of the indications of parking the lorry in order to enable the others to sense the parking well in time in the dark nights. Admittedly the accident was taken place in the dawn at about 5.30 a.m. during which time day light cannot be seen in order to expose the objects whatever existing in the roads. Admittedly the accident was taken place in the dawn at about 5.30 a.m. during which time day light cannot be seen in order to expose the objects whatever existing in the roads. Under this circumstances I have gone through the Motor Vehicles Accident report, which is as per Ex.P4, wherein there are no any report regarding the breakage of the joint rod in the lorry bearing No.MH12/QA8668 except the report of nonexistence of the mechanical defects in both the vehicles in occurrence of the accident. While taking note of the report of the nonexistence of the breakage of the join rod as per Ex.P4, the prosecution story which is with the reason of breakage of the joint rod for parking the vehicle in the left side of the road is found false and fabricated. Thus, the contents of the Charge-Sheet regarding breakage of joint rod in the lorry to park the same at the spot of the accident is not supported with its Motor Vehicles Accident report, which is as per Ex.P4. Thus, the contents of the Charge-Sheet are found baseless for the reasons of parking of the lorry on the road”. 4. After having assigned the said reasons, the Tribunal has fixed the negligence to the extent of 50% on the rider himself and 50% on the other side. Out of the total compensation of Rs.17,58,000/- the claimants are entitled only to the extent of Rs.8,79,000/-. Compared to the accidental death, and loss of bread earner of the family, what has been awarded is very meager. Even for which also the parties are made to wait for about a decade, which itself is heinous in nature. Delay in the justice is nothing but denial of Justice. Considering the case on hand, I do not find good reasons to extend time granting permission to pay the process fee. It is also to be observed that though total compensation awarded is Rs.17,58,000/-, of which the claimants are entitled for only Rs.8,79,000/- which is not on the higher side. The amount in deposit, if any, is directed to be transmitted to the Tribunal. The insurance company is directed to deposit entire compensation amount within a period of six weeks from today. Accordingly appeal stands rejected.