LAWS(KAR)-2022-7-1243

BHAGYAMMA Vs. NATARAJ N.

Decided On July 05, 2022
BHAGYAMMA Appellant
V/S
Nataraj N. Respondents

JUDGEMENT

(1.) This appeal is preferred by the claimants, who are the wife and children of the deceased Chennappa assailing the judgment and award dtd. 12/7/2018, passed in MVC.No.223/2016 on the file of the Principal Senior Civil Judge & Motor Accident Claims Tribunal, Kolar (hereinafter referred to as "the Tribunal" for short) seeking enhancement of compensation, whereby the Tribunal has awarded total compensation of Rs.12,35,000.00 with interest at the rate of 6% p.a. from the date of petition till the date of realization.

(2.) The claimants filed the claim petition seeking compensation on account of death of one Chennappa, who died in a road traffic accident that occurred on 17/3/2016 at 08.00 a.m., the deceased was proceeding in a two wheeler bearing registration No.KA-07-R-5834 and when he was near Kalvamanjali, one Maxi Cab Mini Bus bearing registration No.KA-40-1268 came in a rash and negligent manner from the opposite direction and dashed against the two wheeler and due to the impact of the accident, the deceased fell down and succumbed to the injuries in the hospital. It is the contention of the claimants that the deceased was hale and healthy at the time of the accident and he was an agriculturist and also Collie by profession and was earning Rs.20,000.00 per month and the claimants were solely dependent upon the income of the deceased and hence, sought for compensation.

(3.) In pursuance of the notice issued by the Tribunal, respondents Nos.1 and 2 appeared and only respondent No.2 filed their objections.