RADHIKA Vs. ISHWAR

JUDGEMENT

(1.) This miscellaneous first appeal is filed by the claimants under Section 173(1) of Motor Vehicles Act, 1988, seeking enhancement of the compensation awarded in MVC No.195/2015 by the learned First Additional Senior Civil Judge and Motor Accident Claims Tribunal at Kalaburagi by award dated 14.08.2017.

(2.) It is the case of the claimants that on 24.06.2014, at about 7.30 p.m., when the deceased Raju was riding motorcycle bearing registration No.KA- 32/ED-3654 with his mother Mallamma as pillion rider, he was riding the motorcycle in a rash and negligent manner and another motorcycle bearing registration No.KA-39/J-1376 came from the opposite direction in a rash and negligent manner on Madargi - Basawantpur road near Shankarayya's land and both the motorcycles had head on collision, due to which the mother of deceased Raju by name Mallamma suffered grievous injuries and Raju suffered serious head injury due to which he succumbed to death later. It is also stated that rider and pillion rider of the motorcycle bearing registration No.KA-39/J-1376 had also suffered some injuries. The present appeal arises out of the award dated 14.08.2017 passed in MVC No.195/2015 filed by the wife, two children and father of deceased Raju.

(3.) Learned counsel for the appellants/claimants submitted that the Tribunal below had granted less compensation under the head of 'loss of dependency' and further it has failed to grant any compensation under the head 'loss of future prospects'. He further submitted that learned Tribunal below has committed an error in deducting 50% of the award amount towards contributory negligence of deceased Raju and on appreciation of the evidence, the entire liability ought to have been fixed on respondent No.3 - Insurance Company. He also submitted that the award made by the Tribunal below towards 'loss of love and affection' is very meager.