BHIMAPPA Vs. RAGHUNATH

JUDGEMENT

(1.) This appeal is filed by the parents of the deceased Ambareesh challenging the judgment and award dated 08.12.2014 passed by the Motor Vehicles Accident Claims Tribunal, Bengaluru (SCCH-13) in MVC No. 1087/2014 whereby the Tribunal has awarded a compensation of Rs. 8,07,000/- with interest at 6% p.a. from the date of petition till the date of deposit.

(2.) The brief facts of the case are that on 10.08.2013 at about 5.00 a.m. the deceased Ambareesh was standing at Darimala Industries, near 2nd stage, Bidadi industrial area. At that time, the driver of Concrete Ready mix supply lorry bearing registration No. AP-26/W-4624 drove the vehicle in reverse with speed and in a rash and negligent manner ran into drainage channel and the lorry turtled down on the wall of the building. As a result, the deceased who was standing near the wall got squeezed in between the lorry and the wall. Due to the impact deceased sustained fatal injuries and immediately he was shifted to Ramanagar Government Hospital wherein he was declared dead. Afterwards the claimants have filed the claim petition under Section 166 of the Motor Vehicles Act in MVC No. 1087/2014.

(3.) To establish their case, second claimant - mother of the deceased was examined as PW1 and got marked 8 documents as Exs. P1 to P8. On the other hand, the respondents have neither examined any witnesses nor marked any documents. On appreciation of the oral and documentary evidence, the Tribunal granted a compensation of Rs. 8,07,000/- with interest at 6% p.a. from the date of petition till the date of realization Being not satisfied with the quantum of compensation, claimants have filed this appeal.