C R NARASIMHA MURTHY Vs. K SAROJA

JUDGEMENT

(1.) This appeal is presented under Section 110-D of the Motor Vehicles Act by the owner of the vehicle and the insurer against the Judgment and award made by the Motor Accidents Claims Tribunal in a claim petition presented by the respondents under Section 110-A of the Act.

(2.) The brief facts of the case are: The claim petition was presented by the wife, two minor children and the mother of one late M. Sheshagiri Rao. According to the claimants, Sheshagiri Rao died in a motor accident caused by Lorry bearing Registration No. MYD-3830 which hit the Bajaj Scooter bearing Registration No. MES 825 on which the deceased Sheshagiri Rao was riding. The accident took place on 15th April, 1986 near Sadashivanagar Police Station on Old Tumkur Road, Bangalore. They claimed a compensation of Rs. 8,77,400/-. The first issue for consideration by the Tribunal was as to whether the accident was caused on account of rash and negligent driving of the Lorry bearing Registration No. MED 3830 by its driver who was the second respondent in the claim petition. On the basis of the evidence on record, the Tribunal answered the issue in the affirmative. There was no rebuttal evidence at all and the lorry driver did not come forward to give evidence. This finding recorded by the Tribunal is based on evidence and is unassailable.

(3.) As regards the quantum of compensation to be awarded, the evidence adduced was that the deceased was a Senior Auditor on the establishment of the Karnataka Agro-Industries Corporation Limited. It is a State Government undertaking. The deceased was drawing a gross salary of Rs. 2,244.40 ps. as on the date of the accident. It was also in evidence that he was the sole bread earner of the family, and that on account of his death the family had to face untold hardship and misery.