HAJILAL @ EJILAL Vs. GUDDAPPA

JUDGEMENT

(1.) This is the claimants appeal seeking enhancement of compensation for the death of Smt.Shabirabi the wife of the 1st appellant and mother of the appellant Nos.2 to4.

(2.) The parties are referred as they are referred to in the claim petition for the purpose of clarity.

(3.) On 30.10.2009 at about 10.30 p.m. the deceased Shabirabi and two others were travelling in the Auto rickshaw bearing Reg.No.MH08/4564 from Ranebennur to Haranagiri. The driver of the vehicle drove the vehicle in a rash and negligent manner and when it came near Hullatti cross one Mahindra Tempo bearing registration No.KA27/A3043 came from Gangapura towards Ranebennur side and the driver of the said vehicle was driving the vehicle in a rash and negligent manner, dashed against the Auto rickshaw. Due to the said accident, one of the passengers Ruksana Ajinal died on the spot and Shabirabi sustained fatal injuries and she was shifted to the hospital and in the hospital she breathed her last on 13.11.2009. Her husband and three children have preferred the claim petition claiming compensation.