BASAVARAJ SHIVAPPA SANGALAD Vs. SHANTA

JUDGEMENT

(1.) This appeal is filed by the dependent of the deceased seeking enhancement of compensation, being aggrieved by judgment and award dtd. 23/12/2014 passed in MVC No.4/2008 by the III Addl. Senior Civil Judge and Addl. MACT, Hubballi (for short, 'Tribunal').

(2.) Brief facts leading to filing of this appeal are that one Sri. Shivappa Sangalad, met with an accident on 20/11/2007. His son Sri. Basavaraj Shivappa Sangalad filed a claim petition along with his two sisters seeking compensation. During the pendency of the said claim petition, the claimant No.1/Basavaraj Shivappa Sangalad, son of the deceased has died. Then Smt. Parvati, the wife of claimant No.1 was brought on record and she continued the proceedings. It is averred that the deceased-Shivappa Sangalad was standing near Manu Hotel on the left side of P.B. Road on 20/11/2007, at that time, TVS Suzuki Max-100 Deluxe motorcycle bearing registration No.KA- 25-S-6587 ridden by its rider in a rash and negligent manner, dashed to the deceased. Resultantly, deceased fell down and sustained fatal injuries and later he succumbed to the injuries on 5/12/2007. It is averred that the deceased was an Accountant in Merchants Shop in APMC, Hubballi. It is further contended that due to the untimely death, the claimant lost love, affection and a source of income. It is also averred that the rider of the motorcycle was negligent and caused the accident. Hence, filed claim petition before the Tribunal seeking compensation.

(3.) The respondents entered appearance before the Tribunal, opposed the claim petition. The Tribunal considering the evidence available on record awarded total compensation of Rs.22,000.00 along with interest at the rate of 6% p.a. to the claimant No.1(a) and also awarded Rs.5,000.00 each to the claimant Nos. 2 and 3. Being aggrieved by the quantum of compensation, wife of the claimant No.1 filed this appeal seeking enhancement of compensation.