DONDIBA AND ORS. Vs. MOHAMMED SALMAN AND ORS.

JUDGEMENT

(1.) This appeal is filed by the claimants challenging the judgment and award dated 14.3.2013 in M.V.C. No. 1400/2011 on the file of the I Addl. District and Sessions Judge and MACT -II, Belgaum (Tribunal' for short) for enhancement of compensation.

(2.) Briefly stated the facts of the case are the deceased, namely, Balkrishna Dhondiba Desai along with one Albert Pawalu Karwaloe as a pillion was riding a motor cycle bearing registration No. MH -07/K -2548. A truck with registration No. KA -32/A -8097, driven in a rash and negligent manner came from the opposite and wrong side and dashed against the motor cycle. Due to the impact, Balakrishna and the pillion sustained injuries and succumbed to the same. Claimants filed the instant petition claiming compensation of Rs. 25 lakhs contending that the deceased was aged 24 years. He was working as a Purchase Manager in a company called Ventile Engineers at Udyam Bagh, Belgaum and earning Rs. 12,000/ - per month. Petition was resisted by respondent No. 2 -insurer by filing statement of objections. Two witnesses were examined on behalf of the claimants and 25 exhibits marked. On behalf of the respondents, neither any witness was examined nor any document marked. On consideration of the materials on record, the Tribunal has awarded a sum of Rs. 6,75,000/ - with 6% interest p.a. Hence, this appeal for enhancement.

(3.) We have heard Sri M.G. Naganuri, learned Counsel for the appellants and Sri Suresh S. Bhat, learned Counsel for respondent No. 2/insurer.