HAMSASHRI, W/O. LATE SURESH Vs. HARISH SALYAN

JUDGEMENT

(1.) THOUGH the matter is posted for admission, with the consent of the counsel, it is taken up for final disposal. The appellants dissatisfied with the compensation awarded by the Tribunal for the death of Suresh in a motor vehicle accident have filed this appeal, seeking enhancement.

(2.) THE facts reveal that on 22.04.2008 at about 10.00 p.m., Suresh was proceeding with his brother by the side of the road at Koppala cross on N.H.17 and at that time motorcycle bearing reg. No. KA 03 -J -7760 ridden in rash and negligent manner came and hit Suresh, thereby he sustained grievous injuries. During the treatment, he succumbed to the injuries on 02.05.2008. The appellants being the wife and children and the mother [died during the pendency of the claim petition before the Tribunal] of the deceased Suresh claimed compensation of Rs. 25,00,000 -00. The claim made by the appellants was contested by the 2nd respondent before the Tribunal. The wife of deceased Suresh was examined as P.W. 1 and a witness P.W. 2. The documents Exs.P1 to 13 were marked in their evidence. The respondents did not lead any oral evidence, but got marked the document Ex. R1, copy of the insurance policy. The Tribunal after hearing the learned counsel for the parties and on appreciation of the material on record held actionable negligence on the part of the rider of the motorcycle and considering the income of the deceased at Rs. 3,500 -00 p.m., adopting the multiplier of 15, granted compensation of Rs. 5,03,000 -00 on all the heads. Dissatisfied with the amount of compensation awarded by the Tribunal, the present appeal has been filed.

(3.) THE point that arises for my consideration is; Whether the appellants are entitled to the enhanced compensation? If so to what extent?