DIVISIONAL CONTROLLER Vs. SHOBHA

JUDGEMENT

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

(2.) This appeal is filed against the judgment and award dtd. 20/7/2011 passed by the 1st Addl. Senior Civil Judge and Addl. MACT, Gokak, in M.V.C.No.2137/2009.

(3.) The factual matrix of the case of the claimants before the Tribunal is that on 26/8/2009 at about 7.35 a.m. Shri Shiddappa Pandappa Kichadi aged about 20 years resident of Upparatti village of this Gokak taluk was washing the cattle in the nala near Upparatti bridge on Mellikeri-Gokak road, at that time NWKRTC bus bearing registration No.KA-25/F-2484 came in a rash and negligent manner and the stone on which the wheel of the bus came in contact was put into motion whereby the said stone went and hit to the head of the said Siddappa Pandappa Kichadi. As a result of the same, the claimant/appellant sustained injuries. Immediately, he was shifted to Government Hospital at Gokak wherein first aid treatment was given and from there he was shifted to K.L.E.Hospital, Belgaum, for further treatment. But, he succumbed to the injuries during treatment. It is the further case of the claimants that at the time of accident, the deceased Siddappa Pandappa Kichadi was aged about 20 years and was hale and healthy and doing mason work and earning Rs.110.00 per day and maintaining his family. Due to the untimely death of Shiddappa Pandappa Kichadi, the family has lost the bread earner of the family. Hence, the claimants filed claim petitions before the Tribunal seeking for compensation.