REKHA @ GEETHA Vs. GUDANSAB

JUDGEMENT

(1.) The claimants are before this Court not being satisfied with the quantum of compensation awarded under judgment and award dated 6.8.2015 passed in MVC No.903/2013 on the file of the Principal Senior Civil Judge and Member, MACT, Ranebenur (for short, 'the Tribunal'), praying for enhancement of compensation.

(2.) The claimants are wife, children and mother of the deceased Kumar Pujar respectively. A claim petition came to be filed under Section 166 of the Motor Vehicles Act, 1988 claiming compensation for the accidental death of Sri. Kumar Pujar involving motor cycle bearing registration No.KA-15/S-6727 and Appe Goods Auto bearing registration No.KA-27/A-9279. It is stated that the deceased was earning a sum of Rs.21,750/- per month by working as a tiller driver. It is further stated that he was aged about 32 years as on the date of the accident.

(3.) On issuance of notice, respondent No.2- insurer appeared and filed its statement denying the entire claim petition averments. Further, it was contended that the driver of the offending vehicle had no effective and valid driving license as on the date of the accident. The claimants in support of their case, examined the claimant No.1 as PW1 and another witness as PW2, apart from marking the documents as Exs.P1 to P11. On behalf of the respondents, two witnesses examined as RW1 and RW2, apart from marking the documents as Exs.R1 to R4. The Tribunal on appreciating the material placed before it, awarded total compensation of Rs.11,70,000/- with interest at the rate of 6% per annum from the date of petition till the date of realization on the following heads: