K. PRAMILAMMA Vs. K. GOVINDAPPA

JUDGEMENT

(1.) The appellants/claimants are in appeal praying for enhancement of compensation not being satisfied with the compensation awarded under the judgment and award dated 15.06.2018 in MVC No.244/2016 on the file of the I Addl. Senior Civil Judge and Member, MACT-V, Ballari.

(2.) The claimants are the wife and major children of the deceased K.Veerabhadrappa. The claim petition was filed under Section 166 of the Motor Vehicles Act claiming compensation for the death of K.Veerabhadrappa in a road traffic accident. It is stated that on 26.10.2014 when the deceased was proceeding in a motorcycle, APSRTC bus bearing No.AP-28/Z-0868 came in a rash and negligent manner and dashed to the motorcycle of the deceased, due to which the deceased succumbed to the injuries. The deceased was aged 45 years and was doing agricultural work, earning Rs.25,000/- p.m.

(3.) On issuance of notice, both the respondents appeared and respondent No.2 filed statement which was adopted by respondent No.1. In the written statement, respondent No.2 denied the entire claim petition averments and contended that the insurer of the motorcycle was necessary party to the petition. Further, it is contended that the accident occurred due to the rash and negligent riding of the motorcycle of the deceased.