REVATHI Vs. SHIVAPPA B NELLIKOPPA

JUDGEMENT

(1.) THOUGH this matter is posted today in orders list, with the consent of learned counsel appearing for both the parties, the same is taken up for final disposal. This appeal by the appellants -claimants is directed against the impugned judgment and award dated 20.04.2010 passed in MVC No.1006/2009 by the Presiding Officer, Fast Track Court, Udupi, (hereinafter referred to as Tribunal for short), for enhancement of compensation, on the ground that, a sum of Rs.4,59,000/ - awarded by the Tribunal under different heads with interest at 6% per annum from the date of petition till its payment, as against the claim Rs.20/ - lakhs, on account of the death of the deceased Sri.Shankar Devadiga, in the road traffic accident is inadequate.

(2.) IN brief, the facts of the case are: The claimants who are the wife, children and mother of the deceased have filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation against the respondents, on account of the death of the deceased in the road traffic accident, contending that, on 7.7.2009 at about 10.30 a.m. deceased was driving the auto bearing Reg.No.KA.20.A.9242 from Uppunda to Krimanjeshwara in a slow manner and when he reached near Yedamavinahole bridge near NH.17, Kambadakone village, Kundapur Taluk, at that time, the driver of the lorry bearing Reg.No.KA.27.A.943 came from opposite direction in a rash and negligent manner while overtaking another vehicle came to the extreme right side/wrong side and hit the autorickshaw of the deceased. Due to which, he sustained grievous injuries and died at the spot.

(3.) IT is the further case of the appellants that, deceased was aged about 34 years, hale and healthy prior to the accident. He was the owner -cum -driver of the auto and earning Rs.15,000/ - per month and he was also an agriculturist and Yakshagana Artist and earning Rs.10,000/ - per month and in all Rs.26,000/ - per month and looking after the welfare of the family by contributing his entire earnings to the family. Due to his untimely death, appellants who were depending on the deceased have suffered financial loss as they have lost their bread earner, apart from mental shock and agony.