ANNAPURNA Vs. RAM SHRINGAR PAL

JUDGEMENT

(1.) The appeal is admitted and taken up for final disposal at the request of the learned counsel appearing for the parties.

(2.) The claimants being aggrieved by the judgment and award dated 4.2.2012, passed in MVC No.512/2008, by the I Addl. Senior Civil Judge and Addl. MACT, Dharwad, have filed this appeal.

(3.) The case of the claimants before the tribunal is that, on 27.6.2007, at about 2.45 p.m., near the land belonging to one Hebballi on P.B.Road, between Narendra and Hubballi, one Ulavappa was travelling in lorry bearing registration No.MA-43/E-3880 as hamal. The driver of the said lorry drove the same in a rash and negligent manner, lost control over the lorry and it was turtle down in a ditch by the side of the road. Due to the accident, Ulavappa sustained fatal injuries and died on the spot. The claimants No.1 to 4 are the wife, daughter and two sons of the deceased, who were fully dependents upon his income. The deceased was a labourer in lorry and was earning Rs. 6,000/- per month along with daily bhatta of Rs. 40/-. The mother of the deceased was also impleaded as respondent No.3 in the claim petition. Therefore the claimants claimed compensation of twenty lakh rupees against the owner and insurer of the of fending vehicle, who are respondents No.1 and 2 respectively.