LAWS(KAR)-2024-5-35

KUMAR OMKAR Vs. P.B. IBRAHIM

Decided On May 31, 2024
Kumar Omkar Appellant
V/S
P.B. Ibrahim Respondents

JUDGEMENT

(1.) Both, claimants as well as insurer have filed these appeals challenging the impugned judgment and award passed by the XI Addl. Dist and Sessions Judge and Addl. M.A.C.T., Belagavi, (hereinafter referred to as 'Tribunal' for short) in M.V.C.No.1127/2016 and MVC.No.1514/2016 dtd. 15/2/2017.

(2.) Brief facts of the case of both the parties are as under: On 7/5/2016, deceased Basavappa Totagi along with his wife, claimant No.1 - Smt.Girijavva and his grandson by name Omkar (claimant in MVC.No.1514/2016) were going on Honda Activa scooter (hereinafter referred to as 'scooter' for short) bearing registration No.KA-22/EA-5477, on the road going from Sericulture Office towards Shree Nagar Garden, situated in Channammanagar of Belagavi. When they reached near by the house of one Hogarati, at 04:30 p.m., the driver of bulldozer bearing registration No.KA-22/Z-1530, came from opposite direction in a rash and negligent manner and dashed against the scooter of the deceased. As a result of which, rider of the scooter-Basavappa and Omkar had sustained grievous injuries and both of them were shifted to hospital for treatment. While undergoing treatment, Basavappa succumbed to injuries on 8/5/2016.

(3.) It is further contention of the claimants that deceased Basavappa was aged about 64 years at the time of his death. He was a retired Post Master and was getting pension of Rs.24,000.00 per month and he was also an agriculturist and he was earning Rs.3,00,000.00 per annum from agriculture. Claimants are his wife, son and daughter. They were depending upon his earnings. With these reasons, they prayed to award compensation of Rs.70,00,000.00.