J. MERCY Vs. SUKUMAR BAPUSO APARADH

JUDGEMENT

(1.) The appellants-claimants are before this court in this appeal not being satisfied with the quantum of compensation awarded by the tribunal under judgment and award dated 04.02.2011 in MVC No.208/2010 on the file of FTC -II, Dharwad, sitting at Hubli, praying for enhancement of compensation.

(2.) The brief facts of the case are that, the claimants the wife and children of one deceased D.Selvaraj, filed the claim petition claiming compensation for the accidental death of D.Selvaraj in a road accident. It is stated that on 04.01.2010, the deceased who was working as driver in KSRTC bus was entrusted to drive the bus to Pune. On 05.01.2010 at about 3.30 hours, when the said bus was going near Tarihal chek post on Hubli-Dharwad bye-pass road from Gabbur side towards Dharwad, at that time, one Canter lorry bearing No.MH.10/Z-1533 came in a rash and negligent manner without observing traffic rules, dashed to the KSRTC bus which was driven by the deceased D. Selvaraj. As a result, D.Selvaraj sustained grievous injuries and succumbed to the injuries on the spot. It is stated that the deceased was getting a salary of Rs.24,500/- per month and he was aged about 49 years as on the date accident.

(3.) On issuance of notice, the respondents appeared before the tribunal. Only respondent Nos.2 and 3 filed its written statements. Whereas, respondent No.1 remained absent. In its written statement the insurer denied the claim petition averment and further contended that the accident occurred due to the negligent driving of the deceased. Further, the Insurance company also contended that the petition is bad for non joinder of parties. It is also contended that the driver of canter lorry was not holding valid driving licence as on the date of accident.