THE DEPUTY MANAGER Vs. SHAKUNTALA AND ORS.

JUDGEMENT

(1.) THIS appeal by the Insurance Company is directed against the judgment and award dated 22/12/2012 passed by the Motor Accident Claims Tribunal, Hukkeri, granting compensation in a total sum of Rs. 13,13,600/ - along with interest at 6% per annum to the dependants of the deceased. The Insurance company is challenging its liability as also the quantum of compensation awarded.

(2.) FACTS necessary for disposal of the appeal are that on 29/02/2012 at Sangankeri -Yadwad Road near Beeranagaddi cross when deceased Mallikarjun was standing in front of the harvest machine along with another person, a goods vehicle bearing No. KA -09/A -9469 driven in high speed dashed against Mallikarjun and another person by name Basavaraj Huddar causing fatal injuries to both resulting in their death. Claimants being widow, minor daughter and parents of deceased Mallikarjun filed claim petition claiming compensation contending inter alia that deceased was the sole bread earner of the family and he was engaged as an operator of a harvest machine earning a sum of Rs. 12,000/ - per month.

(3.) IN support of case of claimant, claimant No. 1 -widow of deceased examined herself as PW -1 and an eyewitnesses to the accident was examined as PW -2. Exs. P -1 to P -26 were produced and marked. On behalf of respondent, no evidence was led.