BANGARI Vs. KAILAASH

JUDGEMENT

(1.) The claimants are before this Court in this appeal praying for enhancement of compensation not being satisfied with the quantum of compensation awarded under judgment and award dated 13.04.2017 passed in MVC No.475/2016 on the file of the IX Addl. District and Sessions Judge and Addl. MACT, Belagavi (for short, 'Tribunal').

(2.) Even though the appeal is listed for Admission, with the consent of the learned counsel for the parties, the same is heard finally and disposed of by this judgment.

(3.) The claimants are wife and major children of one Sri Babu Hakare, who died in a road traffic accident on 22.11.2015 at about 12.30 hours. It is stated that when the deceased Babu Hakare was proceeding on a motor cycle bearing registration No.KA-23/EB-3496 in a moderate speed, at that time, Ashok Leyland Truck bearing registration No.MH-10/Z-4379 driven by its driver came from opposite direction in a rash and negligent manner and dashed to his motor cycle causing fatal injuries to the deceased. Subsequently, he succumbed to the injuries in the hospital. It is stated that the claimants had spent more than Rs.4 lakhs towards his treatment and Rs.50,000/- towards funeral and other incidental expenses. It is stated that the deceased was aged about 59 years and he was earning Rs.10,000/- per month by doing private service and by doing agriculture, he was earning Rs.5 lakhs per annum.