G.VEERAIAH Vs. SUDHAKARA SHETTY

JUDGEMENT

(1.) This appeal is filed by the claimants challenging the Judgment and Award dtd. 17/4/2018 passed by the Additional District Judge and Additional Motor Accident Claims Tribunal, Udupi (Sitting at Kundapura), Kundapura ('the Tribunal' for short), in MVC No.115/2016, wherein the Tribunal has awarded a sum of Rs.14,59,141.00 with interest at 6% p.a. as compensation.

(2.) The appellants are the parents and sister of deceased - Veerabhadra. They have filed a claim petition contending that on 30/6/2015 at about 01:00 p.m. the deceased - Veerabhadra was traveling in a motor-cycle bearing registration No.KA-02-ER-8883 as a pillion rider along with his friend - Vishwas who was riding the motorcycle. When they were proceeding from Vandse towards Kundapur, near Santosh Nagar cross at Hemmady village, on N.H.66, the driver of the offending bus bearing registration No.KA-20-D-1389, came from the opposite side, in a rash and negligent manner with high speed, to the extreme right side of the road and dashed to the motorcycle of Veerabhadra. Due to the impact, both the rider and pillion rider of the motorcycle fell down and sustained injuries. Injured - Veerabhadra was shifted to Adarsh hospital, Udupi and thereafter, he was shifted to Baptist Hospital, Bengaluru. On 18/7/2013, he succumbed to the injuries. Hence, the claim petition was filed.

(3.) The respondent No.2 - insurance company appeared before the tribunal and filed written statement denying the accident and its liability. Thereafter, the Tribunal framed issues. Petitioner No.1 - G.Veeraiah/father of the deceased got examined himself as PW.1 and one Sri. Shashikumar who is an eye witness examined as PW.2 and the claimants have produced eighteen documents as Exs.P.1 to P.18 which includes FIR, charge sheet, postmortem report, marks card of deceased, Adhaar card and medical bills which indicate that the deceased died due to road traffic accident. The respondents have not adduced any evidence nor any documents have been marked on their behalf. After hearing the arguments, the Tribunal passed the impugned judgment and award. The claimants have sought for enhancement of compensation contending that tribunal has awarded a meager compensation.