J. RASHMI, ALIAS LAXMI, J. SAHANA, J. SANJANA AND DRAKSHANYAMMA Vs. SRI OMKARESH SWAMY, SRI. BALADANADAPPA, SRI MUKANNA AND THE DIVISIONAL MANAGER, THE UNITED INDIA INSURANCE CO., LTD.

JUDGEMENT

(1.) APPELLANTS are the claimants, being not satisfied with the quantum of compensation awarded in MVC No. 1005/2007 dated 12.05.2010 passed by the Motor Accidents Claims Tribunal, Bellary (for short 'the Tribunal') filed this appeal seeking for enhancement of compensation. The claimant No. 1 is the wife, claimant Nos. 2 and 3 are the minor children and claimant No. 4 is the mother of the deceased. The case of the claimants is that, on 10.05.2007, while the deceased Rajashekara Gouda was proceeding in his Motor cycle bearing registration No. KA -34/K -2063 at about 4 -00 p.m., the Tractor and Trailer bearing registration No. KA -35/9364 and KA -34/T -5940 driven by the first respondent in a high speed came in rash and negligent manner and dashed against the motor cycle, due to the accident, Rajashekara Gouda sustained grievous injuries. Immediately after the accident he was shifted to VIMS Hospital at Bellary, where he was declared dead. In the claim petition, it was contended that the deceased was an agriculturist. He owned 5 acres of land. At the time of accident, he was aged about 32 years. He was the sole bread earner of the family and sought for compensation of Rs. 50,00,000/ -.

(2.) THE respondents entered appearance. First respondent filed objections denying the rash and negligent driving of the Tractor and Trailer. The second respondent, who is the owner of the Tractor and Trailer contended that the Tractor and Trailer is covered by the insurance. Hence the insurer has to compensate the claimant and sought for dismissal of the appeal as against the second respondent. The third respondent -owner of the offending vehicle was served with notice, but he remained unrepresented.

(3.) THE Tribunal on appreciating the oral and documentary evidence adduced by the parties and also taking into consideration the copy of the complaint, FIR, Spot Mahazar, IMV report and charge sheet held that due to the rash and negligent driving of the Tractor and Trailer bearing registration No. KA -35/9364 and KA -34/T -5940 by its driver, the accident has occurred. Further the driver of the Tractor and Trailer was having the valid driving license as per Ex. P7, hence the claimants are entitled for compensation from the 4th respondent. With regard to the quantum of compensation is concerned, the claimants have contended that the deceased was getting monthly income of Rs. 50,000/ - from the agriculture and business. However, no corroborative documents had been produced to prove the same. The Tribunal taking into consideration, the income of the deceased at Rs. 3,000/ - p.m., deducting 1/4 towards his personal expenditure and applying multiplier of 16 awarded Rs. 4,32,000/ - towards loss of dependency and Rs. 45,000/ - towards conventional head. In all, the tribunal has awarded compensation of Rs. 4,77,000/ -.with interest at 6% p.a. from the date of petition till realization. The claimants being not satisfied with the quantum of compensation awarded by the Tribunal have filed this appeal, seeking enhancement of compensation.