PRARTHANA P.T. Vs. G.M. SHAREEF

JUDGEMENT

(1.) THIS appeal is by the claimants, being not satisfied with the quantum of compensation awarded by the tribunal and in deducting 50% of the compensation towards contributory negligence of their father deceased - Thimmayya. The claim petition was lodged by the appellants along with their grand father P.B. Muthanna before MACT in MVC No. 1310/2003, due to the death of their father Thimmayya in a road traffic accident occurred on 21.03.2003 at about 03:15 p.m. According to them, their father P.M. Thimmayya was driving his car bearing No. KA. 03/Z/5190 from Mangalore towards Vamanjur. When his car was in front of a garage at Vamanjur, a lorry bearing No. KA.20/2060 driven by respondent No. 1, coming from the opposite direction in a rash and negligent manner and dashed against the car of Thimmayya. On account of the impact, he sustained injuries and succumbed to the injuries on the same day at about 5:00 p.m.

(2.) ACCORDING to the claimants, the deceased was earlier working as A.G.M. at M/s. Mangalore Chemical and Fertilizers Ltd., Panumbur. Later, he resigned the said post and joined M/s. Prakash Beedi Ltd., Mangalore as Chief Officer and drawing salary of Rs. 42,000/ -. The deceased was aged about 54 years as on the date of his death.

(3.) TO prove the respective contentions, on behalf of the claimants four witnesses were examined, amongst them P.W. 1 is one of the claimant. P.W. 3 - the salary disbursing employer of M/s. Prakash Beedi, in order to prove the salary details of the deceased. On behalf of the claimants they relied upon Exs. P1 to P16.