NINGAVVA AND ORS. Vs. MUNNA AND ORS.

JUDGEMENT

(1.) THIS appeal is by the dependants of the deceased seeking enhancement of compensation payable for the death of Siddappa Bisolli S/o. Dundappa Bisolli in a motor vehicle accident which occurred on 10.06.2012. Siddappa succumbed to the injuries on the spot when the lorry bearing No. KA -32/9377 coming from Hubballi driven in a rash and negligent manner with great speed dashed against the deceased who was standing on the kachcha road of P.B. National Highway.

(2.) THE claimants being the widow, two minor children and mother of the deceased, filed a claim petition before the Motor Accident Claims Tribunal, Hangal (for short 'the Tribunal'). The claimants sought for payment of compensation of Rs. 35,00,000/ - along with interest.

(3.) THE Tribunal after appreciating the evidence on record both oral and documentary, has recorded a finding in the affirmative with regard to the actionable negligence on the part of the driver of the offending lorry. The respondent -Insurance Company was liable to pay the compensation. With regard to the merits of the claim, the Tribunal has recorded a finding that deceased Siddappa was aged 35 years at the time of the accident. Income of the deceased has been taken at Rs. 6,000/ - per month holding that he was an agriculturist and was also carrying on milk vending business. As there were five dependants, 1/4th has been deducted from out of his income and multiplier of '16' has been adopted. Thus, loss of dependency has been worked out at Rs. 8,64,000/ -. Under other heads, the following compensation has been awarded.