PRIYA @ BHARATI W/O DATTANAND VERNEKAR; KUMAR VISHAL S/O DATTANAND VERNEKAR AND ORS Vs. PRAVEEN KUMAR BASEGENNI S/O NIJALINGAPPA BASAGANI; BRANCH MANAGER, NEW INDIA ASSURANCE CO LTD AND ORS

JUDGEMENT

(1.) This is a claimants' appeal seeking enhancement of compensation for the death of sole bread-earner of the fami ly.

(2.) The 1st claimant is the widow and claimants 2 to 4 are the chi ldren and 5th claimant is the mother of the deceased Dattanand Vernekar, who died in a motor vehicle accident on 16.01.2006. The deceased Dattanand Vernekar was travell ing in the motor cycle from Ankola side to Todur side on National Highway No.17, a lorry bearing registration No.KA-27/7414 came from the opposite direction, driven in a rash and negl igent manner by its driver dashed against the motor cycle. The case of the claimants is that the deceased was working as a gold-smith earning Rs. 10,000.00 per month and therefore, they claim compensation in a sum of Rs. 15,00,000.00 for his death.

(3.) After service of notice, the owner of the vehicle respondent No.1 f i led his statement of objections. He did not dispute the accident, but he contends that the deceased was the cause for the accident. As far as insurance company is concerned, they also did not dispute the accident, they did not dispute the insurance coverage to the lorry in question. They also contended that the accident is on account of the negl igence of the deceased.