BALAPPA Vs. PUNDALIK

JUDGEMENT

(1.) The claimants are in this appeal praying for enhancement of compensation not being satisfied with the compensation awarded by the VI Additional District and Sessions Judge, Belgaum (hereinafter referred to as "the Tribunal" for short) in judgment and award dated 31.07.2013 in MVC No.868/2012.

(2.) Though this appeal is listed for admission, with the consent of the learned counsel for parties, heard finally and taken up for final disposal.

(3.) The claimants are parents, wife and children of deceased Siddappa Balappa Badakappanavar. It is stated that the claimants filed a claim petition under Section 166 of the Motor Vehicles Act seeking compensation for the death of deceased Siddappa Balappa Badakappanavar in a road traffic accident. On 04.12.2001 the deceased along with one Vittal Hanumanthappa Naragund was proceeding on a motorcycle bearing No.MH-09/AM-4875 from Gokak towards Yaragatti. At about 7.00 p.m., when they came near the spot of the accident, one Indica Car bearing No.MH-14/AV-3695 driven from opposite direction in a rash and negligent manner dashed to the motorcycle due to which the deceased fell down and sustained fatal injuries and died on the spot. It is stated that the deceased was working as a Centering Mestri under one Neelesh D Kadam, Venkatesh Consultants, Civil Engineers and Contractors at Kolhapur and was earning Rs.15,000/- per month. The deceased was aged about 35 years as on the date of the accident.