BALAPPA BHIMAPPA WALAKE Vs. SADASHIV RAMU MANE

JUDGEMENT

(1.) The claimants-appellants are before this Court praying for enhancement of compensation not being satisfied with the quantum of compensation awarded under the judgment and award dated 22.02.2019 in MVC No.1428/2016 on the file of the Senior Civil Judge and Addl. MACT, Hukkeri, sitting at Sankeshwar (for short, 'Tribunal').

(2.) Brief facts of the case are that the claimants are the parents of the deceased Sadashiv Balappa Waleke. They filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation for the death of their son Sadashiv Balappa Waleke in a road traffic accident. It is stated that on 02.02.2016, at about 19.30 hours, the deceased was proceeding on his motor cycle bearing registration No.KA-23-ED-8635, at that time, the tractor and trailers bearing registration Nos.KA-23-TA-1643, KA-23-TA-1644 and KA-23-TA- 9924 which was parked negligently on the middle of the road without putting any indicators. The deceased could not control his motor cycle and dashed to the Tractor and Trailers from its rare side; due to which, he sustained grievous injuries to head, left shoulder, left forearm and other injuries all over the body. Soon after the accident, the injured shifted to Government Hospital, Chikkodi and as per the advice of the doctor, the deceased was shifted to District Hospital, Belagavi for higher treatment. During the treatment period, he succumbed to the injuries on 03.02.2016. It is further stated that the deceased was earning a sum of Rs.12,000/- per month and he was aged about 24 years.

(3.) On issuance of notice, respondent No.1- owner appeared and failed to file any written statement. Respondent No.2-Insurance Company appeared and filed objections denying the averments of the claim petition. Further, it is also contended that the accident took place due to rash and negligent driving of the deceased. In support of the claim, the 2nd claimantmother herself examined as PW2 and marked the documents as Exs.P1 to P14. No evidence was led on behalf of the insurance company. The Tribunal on consideration of oral and documentary evidence on record awarded a total compensation of Rs.10,88,400/- under the following heads with interest at 6% per annum: