H.T. RAVI Vs. H.T. PRABHAKAR

JUDGEMENT

(1.) This appeal is filed by the claimants challenging the judgment and award dated 02.06.2015 passed by the I Additional District Judge and Member, MACT (hereinafter referred to as 'the Tribunal' for short) at Chikkamagaluru in MVC No.182/2014, whereby the Tribunal has granted compensation of Rs.3,64,000/- with interest @ 6% p.a. from the date of petition till realization.

(2.) Brief facts of the case are that on 11.12.2013 at about 10.30 a.m., one Mallamma was proceeding in the motor cycle bearing registration No.KA-18-W-6151 as a pillion rider from Hucha Hanumanahalli to Chikkamagaluru to take treatment in the hospital and when they reached Marle Hosalli, Hucha Hanumanahalli Road, Amble Hobli, Chikkamagaluru Taluk, respondent No.1 being the rider of the said motor cycle rode the same in a rash and negligent manner. As a result, Mallamma lost control and fell down from the bike and sustained grievous injuries to her head and other parts of the body. Immediately, she was shifted to M.G. Hospital, Chikkamagaluru for first aid treatment. Thereafter, she was shifted to Government Wenlock Hospital, Mangaluru, wherein she succumbed to the injuries. The claimants, who are sons of the deceased filed a claim petition under Section 166 of the Motor Vehicles Act before the MACT, Chikkamagaluru in MVC No.182/2014. To establish their case, they have examined one witness as PW.1 and got marked 15 documents as Ex.P.1 to Ex.P.15. On the other hand, respondent-Insurance Company has not examined any witnesses but got marked one document as Ex.R.1. On appreciation of oral and documentary evidence, the Tribunal has granted compensation of Rs.3,64,000/- with interest @ 6% p.a. Being not satisfied with the compensation awarded by the Tribunal, the claimants/appellants have filed this appeal under Section 173(1) of the Motor Vehicles Act seeking enhancement of compensation.

(3.) Sri. Prakasha .M, learned counsel appearing for the appellants contended that at the time of the accident, deceased was earning Rs.20,000/- per month. But, the Tribunal is not justified in taking the monthly income of the deceased at Rs.4,500/-.