AVALAMBI Vs. SRI. M.D. PATEL AND ANOTHER

JUDGEMENT

(1.) THIS appeal is directed against the award in M.V.C. No. 77 of 1990, on the file of the Additional District and Sessions Judge, Bangalore Rural District, Bangalore, dated 29th January, 1994, wherein the Tribunal has awarded a sum of Rs. 75,500/ -, against the claim for compensation of Rs. 4,50,000/ -; seeking enhancement of the award of compensation, the Appellant, namely, mother of the deceased is before this Court.

(2.) THE case of the present Appellant before the Tribunal was, that one Hussain, who is the son of the Appellant, was aged about 22 years, and who was working as a Cleaner under 2nd Respondent, on a monthly income of more than Rs. 900/ - died of an accident, which is the subject matter of MVC. On the fateful day of 9.7.1989, the said Hussain, Cleaner in the Lorry, was travelling in the lorry bearing Registration No. CTW 6824, sitting at the left door of the lorry. At about 2.30 p.m., the lorry took a left turn at Veerananjeepura gate on Bangalore -Tumkur Road, and Hussain fell down from the lorry when the door suddenly opened and was run over by the left rear wheel resulting in spot death. The Appellant's husband also died about 10 months ago. The Appellant was living with her minor children Malang and Pyarijan. The deceased was the sole bread winner of the family. On these averments, seeking compensation of Rs. 4,50,000/ -, the Appellant came before the Tribunal.

(3.) THE Tribunal below considered the question of negligence by framing issue No. 1, and answered such issue in favour of claimant accepting the evidence of PW -1, and also the FIR Ex.P1, spot Mahazar Ex.P2, police notice Ex.P4, Charge sheet Ex.P5, and conviction order Ex.P6. The Tribunal held that 1st Respondent driver of the lorry was responsible for the accident and negligence was on his part.