V.S. VIRKTHAMATH Vs. RELIANCE GENERAL INSURANCE CO. LTD. NO. 19, WOLCHAND HIRECHAND MARG, BALLARD ESTATE, MUMBAI-400001 POLICY ISSUING OFFICE:NO. 570, NAIGAUM CROSS ROAD, NEXT TO ROYAL INDUSTRIAL ESTATE, WADALA (W), MUMBAI-400031, POLICY SERVING

JUDGEMENT

(1.) THIS appeal is by the claimants, seeking enhancement of compensation, as against the award passed by the IX Addl. Small Causes Judge and MACT -VII, Bangalore in MVC No. 8118/2010. On 5.11.2010 around 10.00 p.m., when the deceased was proceeding on Bangalore -Bellary road and when he went near CBI office, a car bearing No. KA04 MF 4710 driven by its driver came in a negligent manner and dashed against the deceased V Lokesh. He having sustained grievous injuries succumbed to the injuries. Claimants are the parents and sister of the deceased. The Tribunal having held that accident was due to the negligence on the part of the driver of the car in question, has awarded a total compensation of Rs. 4,40,000/ - on the following heads: <FRM>JUDGEMENT_2011_TLKAR0_2012.html</FRM> Being not satisfied, this appeal is filed.

(2.) HEARD . The deceased is said to have joined the service of M/s Blue Hill Logistic Pvt. Ltd. just fifteen days prior to the accident and he has not even drawn the salary. The finding of the Tribunal is, the claimants have failed to prove the income of the deceased and the proper person on behalf of the employer has not been examined. Though, salary of the deceased is stated as Rs. 12,000/ - per month, there is no authenticity for the same. In the circumstances, claimants would be awarded another Rs. 60,000/ - over and above what has been awarded by the Tribunal with 6% interest from the date of petition till deposit, which would meet the ends of justice. Insurer to deposit the amount in three months.