NINGAVVA Vs. S.GOVARDHANAN

JUDGEMENT

(1.) The appellants/claimants preferred this appeal aggrieved by the impugned judgment and award dated 31.12.2011 passed in MVC No.576/2010 on the file of the Presiding officer, Fast Track Court-III, Dharwad (hereinafter referred to as the 'Tribunal') awarding compensation of Rs.3,30,680/- in their favour, while holding that the deceased had contributed upto 30% to the accident and therefore the claimants before the Tribunal who are claiming compensation for the death of the deceased have to forego 30% and entitled only for 70% of the compensation.

(2.) The brief facts of the case are that the appellants herein, referred to as the claimants in MVC No.576/2010, claimed compensation for the death of the deceased-Madivalappa who died in the road traffic accident that occurred on 24.04.2010 at 10.00 p.m., when he along with others was returning to Madanbhavi village in a tractor and trailer bearing registration No.MYY-7937 and No.MES-6594. It is stated that when the tractor trailer was proceeding near Neeralagi Cross, the Ashok Leyland lorry bearing registration No.TN-31/AB-8788 driven by its driver in a rash and negligent manner, came from backside and dashed to the left hind side of the tractor trailer, as a result of which, Madivalappa who was traveling in the trailer, had sustained grievous injuries and succumbed to the same.

(3.) It is stated that claimant No.1 is the wife and claimants No.2 to 5 are his children and claimant No.6 before the Tribunal was the mother of the deceased- Madivalappa, who was aged 52 years at the time of the incident. It is stated that the deceased was working as mason and was earning Rs.10,000/-p.m. and therefore the claimants have claimed compensation for the death of the deceased Madivalappa.