LALITA Vs. M.R. SUNILKUMAR AND ORS.

JUDGEMENT

(1.) These three appeals are preferred against a common order passed by the claims Tribunal. Therefore, they are taken up for consideration together.

(2.) MVC No. 102/2008 is filed by Smt. Lalitha, for compensation claiming to be the first wife of the deceased Rudragouda Patil; MVC No. 73/2009 is also filed for compensation by Pushpa and Neethi, claiming to be the wife and daughter of deceased Rudragouda Patil. Both these petitions were clubbed with another petition, where claim for injury was made, common evidence was recorded and impugned order came to be passed, dismissing the petition filed by Pushpa and Neethi and MFA No. 24186 of 2012 is filed against the said dismissal order. In MVC No. 102/2008, while awarding compensation to Lalitha, a finding was recorded that Pushpa, the third respondent therein is not the wife of Rudragouda Patil and therefore, she is not entitled to any compensation. Therefore, Smt. Pushpa has preferred MFA No. 24051/2012. Smt. Lalitha, who claims to be the first wife, has also preferred MFA No. 24165/2012 seeking enhancement of compensation. As such these three appeals are taken together for consideration and disposed of by a common order.

(3.) Rudragouda Patil was working as Regional Manager with Omni-Lens Pvt. Ltd., and was drawing handsome salary of Rs. 15,000/- per month plus other perquisites. He was also running paying guest home and was earning Rs. 35,000/-. That apart, he was also earning Rs. 2,00,000/- from agriculture. In all the deceased was earning more than Rs. 9,00,000/-. On the fateful day that is 6.09.2007 he had gone to bring milk on his Active-Honda vehicle and when he was near Big Bazar, Bangalore at about 6:30 a.m., a Tata Sumo bearing No. KA-13/A-2969 driven in a rash and negligent manner by its driver came and dashed against him and also one pedestrian. Due to the impact, he was dragged for more than 25 to 35 feet and sustained severe head injuries and other injuries all over the body. Immediately he was taken to nearby Shekar Hospital, from where he was taken to Nimhans Hospital in Bangalore, where it was advised that he should be taken to Sagar Apollo Hospital in Bangalore. Accordingly he was admitted as an inpatient from 16.09.2007 to 30.11.2007 in Sagar Apollo Hospital; more than ten major operations were conducted under general anesthesia. The claimants claim that they have spent about Rs. 20,00,000/-. In spite of best efforts and best treatment, Rudragouda Patil succumbed to the injuries on 30.11.2007; his body was taken to Victoria Hospital for postmortem and thereafter funeral ceremony was conducted in Bangalore.