LAWS(KAR)-2015-12-242

BANGARAMMA Vs. N T THIMMARAYAPPA AND OTHERS

Decided On December 01, 2015
BANGARAMMA Appellant
V/S
N T THIMMARAYAPPA AND OTHERS Respondents

JUDGEMENT

(1.) This appeal is filed by claimant challenging the judgment and award in MVC No.1391/2011 dated 12.6.2014 on the file of the Motor Accident Claims Tribunal No.V, Bellary, for enhancement of compensation.

(2.) Claimant is the mother of deceased Hanumanthappa, who met with a road traffic accident on 16.5.2011 and sustained grievous injuries. He succumbed to the injuries on 14.9.2011. Appellant presented the instant claim petition before the Tribunal seeking compensation. The petition was resisted by the respondent-Insurance Company by filing its written statement. The claimant got examined herself as P.W1 and 23 documents were marked. On behalf of the respondent-Insurance Company, two witnesses were examined and 3 documents marked. After framing relevant issues and on appreciation of evidence on record, Tribunal awarded in all a sum of Rs.5,35,404/- as compensation. Feeling aggrieved by the quantum, appellant has filed this appeal.

(3.) Heard. Learned Counsel for the appellant contended that the deceased was aged 32 years at the time of the accident and was earning Rs.20,000/- per month by doing species business along with agriculture work. Claimant's grievance is that the compensation awarded by the Tribunal under the head loss of dependency is inadequate. Learned Counsel also contended that the compensation awarded by the Tribunal under all other heads are also inadequate. Learned Counsel further submitted that no compensation was paid towards food, nourishment and incidental expenditure while the victim was under treatment.