PAPA NAYAKA Vs. KRISHNAMURTHY

JUDGEMENT

(1.) THIS appeal is filed by the claimants for enhancement of compensation.

(2.) THE claimants are the parents of the deceased Girish Nayaka. He was aged about 17 years when he died in a motor accident which occurred on 6. 8. 1994. The facts which, are undisputed are these: the deceased Girish Nayaka, aged about 17 years was just then admitted to first year mechanical engineering diploma in the Polytechnic Institute of Chickmagalur, which is evidenced by Exh. P-7 the certi-ficate issued by the Principal. He passed his S. S. L. C. in first class vide Exh. P-6 marks card. While he was riding a bicycle on 6. 8. 1994, at about 12. 30 p. m. on the left side of the road near Kadur, a maxi cab bearing the registration No. KA 02-5552 driven by respondent No. 1, which was in the ownership of respondent No. 2, insured with respondent No. 3, came in a rash and negligent manner in high speed and dashed against the bicycle, as a result, the cyclist girish Nayaka sustained multiple injuries to his head and other parts of the body. He was taken to Government Hospital in the same vehicle. Later he was removed to nimhans, Bangalore, but he succumbed to the injuries after four days on 10. 8. 1994. The body was brought back to his native place in Kadur taluk for the funeral and obsequies.

(3.) IT is stated by the claimants that they incurred medical and other related expenditures of Rs. 15,000 for treatment of the deceased both at Kadur and Bangalore and that they suffered mental shock and agony as a result of loss of their only son in the motor accident. They made claim for Rs. 3,00,000 towards medical expenses, transportation, funeral and obsequies, loss of life and income, etc. (vide column 22 of the claim petition at page 4 ).