(1.) This appeal is filed by the claimants in M.V.C.No.463/2016 challenging the judgment and award dated 20.04.2017 on the file of II Additional District Judge and MACT, Tumakuru questioning the fastening of liability on the respondent No.1-owner and also not considering the dependency of the claimants while awarding compensation.
(2.) The factual matrix of the case is that the claimants are sons and married daughter of the deceased Smt. Obakka. That on 08.08.2015, the deceased Obakka and her daughter were standing on left side of Tumkur- Madhugiri Road in front of Shivaganga Talkies, Koratagere Town and at that point of time, a passenger auto rickshaw bearing Registration No. KA-06-B-6616 being driven by its driver in a rash and negligent manner dashed against Obakka and her daughter. As a result, the said Obakka and her daughter sustained injuries. The injured Obakka was immediately shifted to District Hospital, Tumkur wherein she took treatment as inpatient and while taking the treatment at about 11.00 p.m. on the same day, she succumbed to the injuries.
(3.) The claimants in the claim petition have contended that they have spent more than Rs.25,000/- towards treatment and also spent the amount towards transportation of dead body and funeral ceremony, in all amounting to Rs.50,000/-. It is further contended that the deceased was hale and healthy prior to the accident and was aged about 45 years and was doing vegetable business and earning Rs.15,000/- per month. As a result of death of deceased Obakka, the claimants have lost earning member of the family.