G. SHIVAPUTHRA Vs. P. SHANTHAMMA

JUDGEMENT

(1.) The appeal in M.F.A.No.5280/2016 is filed by the owner of the passenger auto challenging the judgment and award passed in M.V.C.No.295/2014 dtd. 14/3/2016 fastening the liability on him, who has been arrayed as respondent No.2 before the Tribunal. The cross-objection in M.F.A. Crob. No.153/2022 is filed by the claimants seeking enhancement of compensation.

(2.) The factual matrix of the case of the claimants before the Tribunal is that on 2/3/2014 at about 1.00 to 4.00 p.m., when the deceased P. Malleshappa was traveling in a passenger auto bearing No.KA-34/A-7976 from Kogali to Kottur of Itagi-Kottur Road, when the auto reached near Sangameshwara Cross at Bankar Nagappa's land at about 4.30 p.m., the driver of the said auto rickshaw drove the same in a rash and negligent manner and as a result, the driver lost control over the auto and turtled on the right side. As a result, deceased P. Malleshappa sustained injuries to his head and died at the spot.

(3.) It is the claim of the claimants that the deceased was hale and healthy doing agricultural work and also milk vending business and getting income of Rs.15,000.00 per month. Due to untimely death of deceased, the petitioner No.1 lost her companion and affection of husband in her young age and petitioner Nos.2 to 4, who are the minor children of the deceased have lost love and affection of their father. The petitioner No.5 being the mother has lost her son. Hence, they claimed the compensation before the Tribunal.