JAYAMALA Vs. BHAGYAMMA

JUDGEMENT

(1.) This appeal is preferred by the claimants, who are the wife, children and parents of the deceased M.S.Manjanna assailing the judgment and award dtd. 15/05/2019, passed in MVC.No.626/2015 on the file of the Principal Senior Civil Judge & CJM & Motor Accident Claims Tribunal, Ramanagaram ("the Tribunal" for short) seeking enhancement of compensation, whereby the Tribunal has awarded total compensation of Rs.38,82,864.00 with interest at the rate of 6% p.a. from the date of petition till the date of realisation.

(2.) The claimants filed the claim petition MVC.No.626/2015 seeking compensation of Rs.5.00 crore with interest on account of death of one M.S.Manjanna, who died in a road traffic accident that occurred on 22/11/2015 at about 10.45 p.m., when the deceased was proceeding in the motorcycle bearing registration No.KA-02/HP-6906 as a rider, when he reached near Thagachaguppe Ruppis Dhabha, at that time, a car bearing Registration No.KA-06/N-8063 Came in a rash and negligent manner driven by its driver and dashed against the deceased's motorcycle, due to the impact of the accident, the deceased M.S.Manjanna fell down and sustained grievous injuries and he succumbed to the injuries on the spot.

(3.) It is the contention of the claimants that the deceased was hale and healthy and was working in Corporation Bank as an attender in Bengaluru and was driving auto rickshaw during his free time and was earning Rs.1,50,000.00 per month. It is the contention of the claimants that the deceased was the sole bread winner of the family and the claimants were dependent upon the income of the deceased and hence, sought for compensation.