UMALU Vs. DELHI GUJARAT LEET CARRIER PVT.LTD

JUDGEMENT

(1.) This appeal is filed by the parents of the deceased Shanmukha being aggrieved by the judgment and award dtd. 19/11/2016 passed by the Member, M.A.C.T.-II, Bagalkot in M.V.C. No.463/2015 seeking for enhancement of the compensation.

(2.) Brief facts of the case giving rise to filing of this appeal are that on 27/2/2015, Shanmukha, the son of the claimants was proceeding in his tractor and trailer bearing No.KA-28/TA-9529 and trailer chassis No.508/11 loading granite stones at Ilkal to Narasalgi tanda, near Devalapur cross at Hallad bridge. At that time, a lorry bearing No.HR-55/R-8459 came in a high speed, rash and negligent manner and dashed the tractor and trailer. Due to the said impact, Shanmukha sustained grievous injuries and succumbed to the injuries died on the spot. It is averred that prior to the accident, the deceased was hale and healthy, aged about 21 years, was doing agricultural operations and earning Rs.10,000.00 p.m. It is further averred that the deceased was contributing his earnings towards maintenance of the claimants and hence, they have lost dependency. It is also averred that as on the date of accident, the vehicle was having valid policy coverage and respondent Nos.1 and 2 being the owner and insurer of offending vehicle, are jointly and severally liable to pay the compensation.

(3.) Respondent No.1 was placed exparte before the Tribunal. Respondent No.2 entered appearance and filed written statement denying the averments of the claim petition as false, frivolous and vexatious. Respondent No.2 denied the issuance of policy in favour of lorry bearing No.HR-55/R-8459. It is averred that the deceased had contributed negligence for causing accident to the extent of 50%. It is further averred that the deceased was not the earning member of the family and prayed for dismissal of the claim petition.