NORTH WEST KARNATAKA ROAD Vs. NINGAPPA VAIJU KUMBARAGI

JUDGEMENT

(1.) This appeal by the Corporation is directed against the impugned judgment and award dated 14th December 2006, passed in MVC No.1417/2004, by the II Additional Civil Judge (Sr.Dn.) & Additional MACT, Belgaum, (for short, 'Tribunal' ), awarding compensation of a sum of Rs. 4,33,000.00 under different heads, with 6% interest per annum, from the date of petition till the date of realization, on the ground that the Tribunal grossly erred in not fixing contributory negligence on the rider of the motor cycle and that the compensation awarded by Tribunal is excessive and liable to be reduced considerably.

(2.) The facts in brief are that, the claimants are the parents of deceased Anand Ningappa Kumbaragi in the road traffic accident. They filed the claim petition under Sec. 163-A of the Motor Vehicles Act, contending that at about 7:20 P.M, on 23-02-2004, when the deceased was travelling as a pillion rider of the motor cycle bearing No.KA-22/R-963, he met with an accident, near Benachinamardi Cross on Bailhongal- Belgaum road, on account of rash and negligent driving by the driver of KSRTC Bus bearing No.KA-22/F-1237. Due to the impact, he sustained grievous injuries and died on the spot.

(3.) It is the case of the claimants that, the deceased was aged about 23 years, working in a Factory at Honga Industrial Area, earning a sum of Rs. 3,500.00 per month and he was contributing the entire sum towards the family requirements and on account of his untimely death, the family has become haywire, having lost its sole bread winner and also lost the social security and hopes and aspirations in life and therefore, they have to be compensated reasonably.