LAWS(KAR)-2012-8-411

KANTHAMMA W/O LATE SUBRAMANYA AND OTHERS Vs. UNITED INDIA INSURANCE CO. LTD. P.B. NO. 16, 1 FLOOR, S.B.L.T. BUIDLING POLYTECHNIC ROAD, CHINTAMANI AND K.N. LAKSHMIPATHY S/O K. NARAYANASWAMY KATENAHALLI SOMENAHALI HOBLI GUDIBANDA TALUK-562101@RESP

Decided On August 02, 2012
Kanthamma W/O Late Subramanya Appellant
V/S
United India Insurance Co. Ltd. P.B. No. 16, 1 Floor, S.B.L.T. Buidling Polytechnic Road, Chintamani And K.N. Lakshmipathy S/O K. Narayanaswamy Katenahalli Somenahali Hobli Gudibanda Taluk -562101@Resp Respondents

JUDGEMENT

(1.) THIS appeal is by the claimants, seeking enhancement of compensation, as against the award passed by the Civil Judge, Sr. Dn. and CJM and Addl. MACT, Chickballapur in MVC No. 17/2007. Claimants are the wife and children and mother of deceased Subramanya. On 7.2.2007, when the deceased was travelling in the tractor and trailer bearing No. KA40 T 6299/6300, near Katenahalli due to the negligence of the driver of the said tractor, accident took place and Subramanya died on the spot due to the injuries sustained. Deceased was a coolie, an agriculturist and was also vending milk and earning Rs. 6,000/ - per month. The Tribunal having held held that accident was due to the negligence on the part of the driver of the tractor and trailer in question, has awarded a total compensation of Rs. 3,95,000/ - with 6% interest. Being not satisfied with the quantum of compensation awarded, the claimants are before this Court.

(2.) HEARD .

(3.) APPEAL is allowed in part.