SHEKAMMA Vs. MAHABOOB SAB

JUDGEMENT

(1.) Though this matter is listed for admission, with the consent of learned counsel appearing for the parties, the matter is taken up for final disposal.

(2.) The factual matrix of the case of the claimant before the Tribunal is that on 27/12/2013 at about 6.20 p.m., the deceased Subramanya (son of the claimant) was traveling in a bus bearing registration No.KA-34/A-1319 from Rampura towards Ballari and when the said bus was proceeding on Ballari-Bengaluru road, near Halakundi mutt, the driver of the said vehicle drove the same in a rash and negligent manner and suddenly jumped the speed breaker, as a result of which Subramanya fell down from the bus and sustained grievous injuries all over his body and succumbed to the injuries at 10.15 p.m. on the same day while he was under treatment at VIMS Hospital, Ballari. It is the further case of the claimant that at the time of accident, her son was aged about 33 years and working as SA Grade-II in KPTCL, Rampur and earning Rs.19,630.00 per month. Due to the untimely death of her son, the claimant has lost her bread earner. Hence, she filed claim petition before the Tribunal seeking for compensation.

(3.) In support of her claim, the claimant got examined herself as PW-1 and got marked documents Ex.P.1 to Ex.P.12. On the other hand, respondent No.3 examined his employee as RW-1 and got marked one document as Ex.R.1. The Tribunal after assessing both oral and documentary evidence allowed the claim petition awarding compensation of Rs.10,33,650.00 with interest at the rate of 6% p.a. Being aggrieved by the judgment and award, the claimant has filed the present appeal challenging contributory negligence on the part of the deceased to the extent of 25% and also seeking for enhancement of compensation.