KASTURI NINGAPPA KARIKABBI Vs. ANNARAYA

JUDGEMENT

(1.) This appeal is filed by the claimant under Sec. 173(1) of the Motor Vehicles Act, challenging the judgment and award dtd. 20/3/2018 passed in MVC No.1079/2016 by the Motor Accidents Claims Tribunal No.3, Vijaypur (hereinafter referred to as 'the Tribunal' for short), seeking enhancement of compensation.

(2.) For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the Tribunal.

(3.) The brief factual matrix leading to the case are that, on 17/4/2016, the deceased Ningappa went to bring water for the grapes field and when the petitioners were filling the water, at that time one Siddaram Janagond came to the said Canal with his Tractor bearing No.KA-28/TC-1976. After filling the water, he started his tractor and since the place was up gradient, he called the deceased to help and in the process, the driver took the tractor engine by suddenly starting and raising it and due to swift moment of the tractor and negligent driving on the part of the driver, it dashed against the deceased, who died on the spot. The deceased was aged about 46 years and agriculturist earning Rs.5,00,000.00 per annum. The claimants are wife, children and mother of the deceased who were depending on him. Hence, they have filed the claim petition under Sec. 166 of the M.V. Act, claiming compensation of Rs.16,10,000.00.