VIDHYA RAJARAM ACHARI Vs. GAJANAN GANAPATI NAIK

JUDGEMENT

(1.) The appellants are before this Court seeking for modification of the judgment and award dated 22.01.2008, passed in MVC No.74/2006 by the II- Addl. MACT, Karwar (for short "the tribunal"). The claimants in MVC No.74/2006 are the legal representatives of the deceased - Rajaram Achari. Another MVC No.117/2006, which was filed by the injured-pillion rider of the said vehicle. Since both these cases arose from the same accident both were clubbed and taken up for consideration.

(2.) On 02.12.2005 at about 22:00 hours, the deceased Rajaram Achari and the petitioner in MVC No.117/2006 were going towards Aversa village on NH-17 on a scooter bearing No.KA-30/ E-7396. The deceased was the rider and the petitioner in MVC No.117/2006 was the pillion rider. It was alleged that when they were crossing the bridge at Aversa village, a car bearing No.KA-25/7695 came at high speed and in a negligent manner from hind side dashed against the scooter. As a result of which, both of them fell down and Rajaram Achari hit his head to culvert and he succumbed to the said injuries.

(3.) It was alleged that the said Rajaram Achari was a carpenter by profession and was earning Rs.10,000/- per month. On this basis the compensation was sought for. The petitioner in MVC No.117/2006 claiming to be a tailor was alleged to be earning Rs.6,000/- per month hence sought for compensation towards the injuries caused to him.