B.N.MANJUNATH Vs. H.N.ABISHEKGOWDA

JUDGEMENT

(1.) This appeal is filed by the claimants being aggrieved by the impugned judgment and award dated 11.09.2012 passed in MVC No.293 of 2010 by the learned Principal District Judge and MACT, Chikmagalur (for short 'the Tribunal), in apportioning negligence on the part of deceased to an extent of 40% and awarding 60% compensation to the claimants and also challenging the quantum of compensation.

(2.) The factual matrix of the case is that, on 22.02.2010 at about 10.10 a.m., when the deceased was proceeding in an autorickshaw bearing registration No.KA18/A-3648 at Chinniga village on Mudigere Sakaleshpura road, the accident took place due to rash and negligent driving of driver of Maruti Zen car bearing registration No.KA-03/ME-1992. Due to the impact, the deceased sustained grievous injuries and he was shifted to the hospital. After first aid treatment, he was again admitted to Thejaswini Hospital, Mangaluru. Thereafter, he took treatment in other hospitals. He had spent huge amount on medical expenses. However, during the pendency of the petition, he died on 26.10.2020. It is stated that he was earning Rs.8,000/- per month by driving the autorickshaw.

(3.) Respondent No.1 was placed exparte. Respondent No.2 filed its written statement taking a defence that the said accident occurred only due to the rash and negligent driving of the autorickshaw by its driver.