LAWS(KAR)-2014-1-240

ASHIMA SHETTY Vs. K. PADMAKAR PRABHU

Decided On January 17, 2014
Ashima Shetty Appellant
V/S
K. Padmakar Prabhu Respondents

JUDGEMENT

(1.) THE present appeal is filed by the appellant being not satisfied with the compensation awarded to her by the MACT, Udupi in MVC No 245 of 2005 dated 31 -5 -2011. The facts leading to this appeal are that: The appellant is the widow of Dr Manohar Shetty and the fourth respondent Kaveri Shetty is the mother of Dr Manohar Shetty. On 20 -11 -2004, after attending a surgery in a nursing home at. Honnavar, Dr Manohar Shetty was returning to his native place Udupi in his car bearing registration No KA 20 M -6878. When he was on NH 17, on account of rash and negligent driving of NWKRTC bus bearing registration No KA -31 2909, the bus dashed against the car of Dr Shetty causing injuries to him and he later succumbed to the injuries. Therefore, the claim petition was lodged.

(2.) IT is the case of the appellant -claimant that the deceased Dr Manohar Shetty, after completion of his MBBS and passing MS in general surgery, joined the KLE hospital, Belgaum and worked as a surgeon from 1999 to 2001. Thereafter, he joined a super -specialty course known as MCh in urology at J N Medical College', Belgaum, which he came out with distinction in May 2004. After May 2004 till 20 -11 -2004, for about six months, he earned a very good reputation as an urologist in and around Udupi and surrounding taluk headquarters. He was a consultant to several hospitals in Udupi, Honnavar, Hiriadka, Padubidri and Kundapura. According to the appellant -claimant, Dr Shetty was getting a monthly income of Rs. 60 to 70 thousand, as he was charging a sum of Rs. 6,000/ -per surgery. He had a good future prospects in his career. Just two years prior to the accident, he had married the appellant -claimant. In the marriage, they have no issues. The fourth respondent is the mother of deceased. Therefore, the claim petition was lodged claiming compensation.

(3.) BEING not satisfied with the compensation awarded by the tribunal, the present appeal is filed.