DEVAKI Vs. R. PAARI

JUDGEMENT

(1.) This appeal is filed by the claimants challenging the Judgment and Award passed in MVC No.1130/2007 dated 8.12.2009 on the file of the Motor Accident Claims Tribunal, D.K., Mangaluru['Tribunal', for short].

(2.) The factual matrix of the case is that the claimants have filed claim petition under section 163-A of the Motor Vehicles Act, 1988 ['Act', for short], contending that the deceased was working as a carpenter and he was earning Rs.3,300/- per month and he met with the accident on 8.7.2007 at about 8.30 pm near Petrol pump on the way from Suralpady towards Kaikamba. The said accident was due to the rash and negligent driving of the driver of the Bus bearing registration No.KA-51-2233. In pursuance of the claim petition, notice was issued against Respondent Nos.1 to 3. Respondent Nos.1 and 3 were placed ex parte and Respondent No.2 represented through Counsel denied the fact of the accident and also contended that the accident is a false story, however admitted issuance of policy in respect of the vehicle and denied income of the deceased.

(3.) The claimants, in order to substantiate their claim, have examined the first claimant as PW.1 and got marked Exhibits.P1 to P5. The Respondents have not adduced any evidence. The Tribunal, after considering both oral and documentary evidence, allowed the claim petition, awarding compensation of Rs.2,48,000/- with 6% interest per annum. Being aggrieved by the Judgment and Award, the present appeal is filed by the claimants contending that the Tribunal has committed an error in awarding meager compensation and not properly awarded under the lead 'loss of dependency'. The Tribunal also ought to have awarded more compensation towards 'funeral expenses' and other conventional heads and it requires interference of this Court.