MODINSAB Vs. SANJU SHANKAR GADKARI

JUDGEMENT

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

(2.) This appeal is filed challenging the Judgment and award dtd. 2/4/2016 in MVC No.1721/2014, by the IX Addl. District and Sessions Judge and Member, Addl. MACT, Belagavi, questioning the quantum of compensation.

(3.) The factual matrix of the case of the claimants before the tribunal is that, on 3/7/2013 at 02.15 p.m., the deceased Madarsab was going to Hotel to have a tea situated at shop of Deepak Trading company and when he was proceeding by walk on left side of the road, the driver of the Tata ACE Mini goods vehicle bearing registration No.KA-22/B-6965 came from his behind in a rash and negligent manner and dashed against him, as a result he has sustained injuries and he was shifted to KLE Hospital, Belagavi and thereafter he was shifted to Saudatti Hospital. However, on 4/7/2013 at about 10.30 a.m., he died. Hence, the claimants have made claim before the tribunal that, he was earning Rs.12,000.00 per month as a coolie. The claimants in order to substantiate their claim examined one witness as P.W.1 and got marked document at Ex.P.1 to Ex.P.12. On the other hand, the respondents got marked two documents as Ex.R.1 and Ex.R.2 i.e. copy of the Insurance policy and the driving licence respectively. The tribunal awarded compensation of Rs.8,33,000.00 with 6% interest. Hence, the present appeal is filed.