KASHAWWA Vs. KUTUBUDDIN

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellants and the learned counsel appearing for the respondents.

(2.) This appeal is filed by the claimants/appellants against the judgment and award dtd. 7/2/2011 passed by the Addl. MACT, Saundatti, in M.V.C.No.1924/2009.

(3.) The factual matrix of the case of the claimants before the Tribunal is that on 8/12/2008 at about 7.30 p.m., when the deceased Gadigeppa Basalingappa Bhovi was proceeding along with pillion rider Manjunath Yallappa Katamalli in Hero Honda motor cycle bearing registration No.KA-27/E- 6441 from his native place Goravanakolla towards Kenganoor village of Bailhongal taluk on acocunt of fishery avocation and when they came on Bailhongal-Belavadi road within the village limits of Kenganoor, a car bearing registration No.KA-24/M-625 came in a rash and negligent manner from opposite side and lost control over the same and dashed to their motor cycle and another mother cycle bearing registration No.KA-24/H-8679 in which Nagappa Somalingappa Siddappanavar and Ramakrishna Tirakappa Godashi were moving and due to this implact, Gadigeppa Bhovi sustained fatal injuries and succumbed to the injuries on the spot. It is further case of the claimants that at the time of accident, deceased Gadigeppa Basalingappa Bhovi was aged about 38 years and hale and healthy and earning Rs.10,000.00 p.m. and maintaining his family. Due to the untimely death of Gadigeppa Basalingappa Bhovi, the family has lost the bread earner of the family. Hence, the claimants being the wife, children and parents filed claim petitions before the Tribunal seeking for compensation.