MALLESHA Vs. ANNAPPA

JUDGEMENT

(1.) This appeal is filed under Sec. -173(1) of the Motor Vehicles Act, by the appellants-claimants, challenging the judgment and award dtd. 21/12/2011, passed in MVC No.716/2010, on the file of Fast Track And Additional MACT (11) at Bhadravathi, seeking enhancement.

(2.) The appellants - claimants are the father and mother of deceased Raju @ Shivaraju. That on 19/2/2010 at about 4.45 p.m., the deceased Rau was pushing his bike by walking on left side of Anavatti to Shivamogga road near Veeranna Benavalli Cross. At that time, first respondent came driving the bus bearing registration No.KA.15.A.1371, from Shivamogga side in a rash and negligent manner with high speed and dashed against deceased Raju. Due to the impact, Raju sustained grievous injuries on his head and other parts of his body and he died on the way to the hospital.

(3.) Hence, a claim petition was filed by the appellants-claimants under Sec. -166 of the M.V. Act, claiming compensation. The deceased was a Contract Labour in H.T.S. Department, V.I.S.P. Bhadravathi and earning Rs.7,000.00 per month. The appellants, who are the parents were depending upon the earning of the deceased. The Tribunal on appreciating the materials on record, allowed the petition in part, and awarded a compensation of Rs.2,20,500.00.00.00, along with interest at 6% per annum from the date of petition till realization. The Tribunal held respondent Nos.2 and 3 therein, jointly and severally liable to pay the compensation.