SHARADAMMA P Vs. HARISHA

JUDGEMENT

(1.) Claimant Nos. 1, 3 and 4 in MVC No. 101/1999 on the file of MACT, Tiptur, have come up in this appeal seeking enhancement of compensation for the death of their father Basavaraju in the road traffic accident dated 14.01.1999, at about 9.00 p.m. involving a Matador bearing registration No. KA-30-5055. The claim petition was filed by the wife and three minor children and also the parents of the deceased Basavaraju. Admittedly, the accident is dated 14.01.1999 and it was stated that Basavaraju was doing Bangle and stationery business. The Court below on appreciation of oral and documentary evidence available on record, allowed the claim petition in M.V.C. No. 101/1999 awarding a total compensation in a sum of Rs. 2,13,000/- payable with interest @ 6% per annum from the date of the judgment and award till the date of deposit, which was accepted by the claimants. The compensation was also received by them immediately.

(2.) Subsequently, the present appeal is filed on 02.04.2012 by claimant Nos. 1, 3 and 4, seeking enhancement of compensation on the ground that the compensation awarded for the death of Basavaraju is on lower side and the same is required to be enhanced. Hence, an application in I.A. 1/2012 is filed seeking condonation of delay of 2805 days, which works out to about nearly 7 years, 8 months.

(3.) Heard the learned Counsel for the appellants and perused the Affidavit filed in support thereof.