P VIJAYA KUMARI Vs. NATIONAL INS CO LTD

JUDGEMENT

(1.) Appellants who are the claimants in MVC No. 1013 of 2003 have filed this appeal seeking enhancement of compensation awarded by the Civil Judge, Senior Division and Motor Accident Claims Tribunal, Chitradurga vide Order dated 9-11-2006. Appellants herein are said to be the children and parents of the deceased Prabhakara while respondent 3 is staid to be the second wife and respondent 4 is said to be the foster daughter of the deceased Prabhakara and his second wife.

(2.) It is the case of the appellants that on 29-9-2003 at about 1.00 p.m. while the said Prabhakar/victim was traveling as paid passenger in the bus bearing Registration No. KA-14/B-5225 from Challakere to Chitradurga. While the bus reached the Chitradurga I.B. bus stop, at the time while the victim was getting down from the front door of the bus, the driver, without noticing the same, all of a sudden in negligent manner moved the bus, on account of which, the said Prabhakara fell from the bus and suffered grievous injuries; during the course of treatment in the hospital, he succumbed to the injuries so suffered by him.

(3.) It is the further case of the appellants that the said Prabhakara was aged about 49 years at the time of accident; he was working as a Police Head Constable drawing the salary of Rs. 8,000/- per month; he was hale and healthy; he had chances of being promoted to higher post etc. and on account of his untimely accidental death, the appellants are deprived of not only his love and affection, but, also are deprived monetarily. It is further contended that appellant 1 is the unmarried daughter while appellant 2 is the married daughter and appellant 3 is the son; they are not having any avocation; all of them were depending on the income of the deceased for their livelihood; the wife of the deceased had pre-deceased him; the appellants are the only legal representatives of the deceased etc.