NARAYANASWAMY Vs. VENKATESH B.

JUDGEMENT

(1.) The top noted appeal is directed against the impugned judgment and award dated 15.11.2016 passed by the III Additional Senior Civil Judge and MACT, Bengaluru, in MVC.Nos.6502/2010 in dismissing the claim petition filed by the claimants seeking compensation for the death of one Chandrashekar.

(2.) For the sake of convenience, the parties are referred to as per their rank before the Tribunal.

(3.) The brief facts of the case are as under: The claimants in MVC.No.6502/2010 filed a claim petition contending that on 16.06.2008 their son Chandrashekar along with Kumar and other inmates were proceeding in a Maruthi Van bearing Regn.No.KA-05-MD-3621 from Kanipakam to Thimmasanapalli village at Vellore District to attend a marriage function. At about 1.00 a.m, when the vehicle reached near Kumar's land on Thangala-AN Palya Main Road, the deceased Chandrashekhar, who was driving the said vehicle lost control over the vehicle, as a result of which the vehicle met with an accident. Due to the impact, the said Chandrashekar and another inmate namely Parmeshwari died on the spot. The claimants contended that the deceased was hardly aged 27 years and was working as a Site Supervisor at M/s.SLV Builders and Developers and was drawing salary of Rs.2,10,000/- per annum. Hence, they filed the claim petition claiming compensation of Rs.21,40,000/- contending that they were fully dependent on the income of the deceased and due to his unexpected death, they have suffered a lot and lost their bread earner. The claim petition was strongly resisted by the Insurance Company. The Tribunal having examined the oral and documentary evidence on record has proceeded to restrict the income of the deceased at Rs.40,000/- and has thereafter, proceeded to dismiss the claim petition on the ground that the deceased Chandrashekar was a tort-feaser and as such the claimants are not entitled for any compensation. Being aggrieved by the same, the claimants have preferred this appeal.