HONNURAPPA Vs. K.NAGARAJ

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellant/claimant and the learned counsel appearing for the Insurance Company.

(2.) The factual matrix of the case of the claimants/appellants before the Tribunal is that on 29/9/2007 at about 7 p.m., when the deceased was proceeding in a bullock cart in front of Harsha Hotel near Ramapur village, respondent No.1 being the rider of motor cycle bearing registration No.KA-16/K-1400 drove the same in a rash and negligent manner with a high speed and dashed against the bullock cart from the hind side as a result bullocks went out of the road and the bullock cart turtled as a result of which deceased Nagaraj sustained injuries. Immediately, he was shifted to Government Hospital at Ramapur, for treatment and from there he was shifted to VIMS Hospital, Bellary, for further treatment. But, he succumbed to the injuries on 3/10/2007. Hence, the claimants being the parents, sister and brother of the deceased filed a claim petition before the Tribunal on the ground that they were depending on the income of the deceased Nagaraj who was working as Meastry and earning Rs.8,000.00 per month and contributing his earnings towards the maintenance of his family.

(3.) In support of their claim, the claimants got examined father of the deceased as PW-1 and one witness as PW-2 and also got marked documents Ex.P.1 to Ex.P.7. On the other hand, respondents examined one witness as RW-1 and got marked documents as Ex.R.1 to Ex.R7. The Tribunal after assessing both oral and documentary evidence partly allowed the claim petition awarding compensation of Rs.3,99,700.00 with interest at the rate of 6% p.a. Being aggrieved by the judgment and award, the claimants have filed M.F.A.No.25500/2010 and the Insurance Company has filed M.F.A.No.20797/2011.