SHEHANAZ BEGUM Vs. RAJKUMAR

JUDGEMENT

(1.) This appeal is by the claimants being the legal representatives of deceased Md. Muneer, who died in an accident that occurred on 2/11/2013 involving a lorry DCM bearing Reg. No.KA-38/5844 and another lorry bearing Reg. No.AP-9/T-3927, against the judgment and award dtd. 17/12/2016 passed in MVC No.114/2015 on the file of Principal Motor Accident Claims Tribunal and Principal District and Sessions Judge at Bidar (for short 'Tribunal'), by which, while partly allowing the claim petition, the Tribunal has awarded compensation of Rs.12,04,000.00 with interest at 6% p.a. from the date of petition till realisation, directing respondent No.2 - Insurance Company to pay the same.

(2.) The accident in question resulting in death of the deceased is not in dispute. A case in Crime No.123/2014 under Sec. 304-A of IPC was registered against the driver of the offending lorry bearing Reg. No.AP-9/T-3927.

(3.) The claim petition was filed by the claimants contending that the deceased Muneer aged about 43 years, working as a driver of the lorry bearing Reg. No.KA38/5844 was earning a sum of Rs.15,000.00 per month as salary being Rs.10,000.00 and Rs.200.00 being daily bhatta. That, due to the untimely death of the deceased, claimants have put to financial and mental distress. Hence, claimed compensation of Rs.25.00 lakhs.