PARASHURAM Vs. VENKATREDDY

JUDGEMENT

(1.) CLAIMANTS of a case in MVC. 174/11 on the file of Senior Civil Judge and MACT, Jewargi, have filed this appeal challenging the award insofar as it relates to quantum of compensation of Rs. 40,000/ - awarded in their favour.

(2.) ONE person by name Siddappa Harijan, elder brother of the appellants died in a road accident involving two vehicles on 25.7.2010. According to the claimants, a Tata Sumo bearing No. KA -33/M -1750 came from the opposite direction being driven by its driver in a rash and negligent manner and dashed against Siddappa Harijan proceeding in his motorcycle bearing No. KA -37 -E -8127 opposite Raise Dhaba. The accident is said to have taken place solely due to the negligence of Tata Sumo vehicle. According to them, deceased was earning Rs. 6,000/ - p.m. and they have sustained loss of future income because of his death.

(3.) LEARNED counsel for the appellants has vehemently argued that appellants are Class II heirs as per the provision of Section 8 of the Hindu Succession Act and therefore they are entitled for compensation. Reliance is placed on the Division Bench decision of this court reported in : 2002 (1) KCCR 269 between Managing Director, KSRTC v. K.S. Venkataramappa.