CHAYADEVI M Vs. ANANDA

JUDGEMENT

(1.) THIS is claimants appeal seeking enhancement of compensation on account of the death of the deceased in a motor accident who was the sole bread earner of their family.

(2.) FOR the purpose of convenience, parties are referred to as they are referred in their claim petition.

(3.) THE case of the claimants is that, deceased V.Mahadeva was rider of Hero Honda Motor Cycle bearing Registration No. KA-09-EC-7633 near APMC yard on Mysore Nanjangud road. First respondent being driver of the Ambassador car bearing Registration No.KA-02-G- 35 drove the said vehicle in a rash and negligent manner and dashed against V.Mahadeva. The deceased V.Mahadeva died on the spot and his dead body was taken to K.R.Hopsital for Autopsy. The case of the claimants is that, he was aged about 35 years and agriculturist by profession. He was also running Lime and Poultry business and was earning a sum of Rs.2,00,000/- per annum. On account of his untimely death, claimants have lost valuable income on which they were depending. The jurisdictional police have registered the case against the driver of the Ambassador car in Crime No.66/2009 for the offences punishable under Sections 279 and 304-A of IPC. They have sought for compensation in a sum of Rs.23,27,000/-. 4. After service of notice, respondents entered their appearance. First respondent has filed detailed written statement contesting the claim of the petitioner. He denied that the accident was not on account of his rash and negligent driving. On the other hand, it was the deceased who is the cause for the accident as he rode the motor cycle in a rash and negligent manner. In fact police did not file any charge sheet but they filed B report.