BHAGYALAKSHMI Vs. J. M. RAGHU

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondents.

(2.) Even though the appeal is slated for admission, by consent of both sides, it is taken up for final disposal.

(3.) The petitioner, who is the appellant before this Court was the wife of one Somasekhar, who died in the road traffic accident. It is the case of the appellant that on 27/2/2010 at about 8.00 p.m., the deceased Somasekhar was an inmate of auto rickshaw bearing No.KA-42-4195 along with other passengers. On Bengaluru-Mysore Road, Doddamallur near Saibaba Mandir side, Channapattana, a lorry bearing No.KA-07-2844 stopped suddenly without indication and as a result, the driver of the auto rickshaw could not control his vehicle and dashed to the lorry from behind. As a result, the deceased Somasekhar and other passengers sustained grievous injuries and the deceased was immediately taken to the Government Hospital, Channapattana and later while he was being shifted to Bengaluru, he succumbed to the injuries. Thereafter, the petitioner and the parents of the deceased performed the last rituals of the deceased. The petitioner contends that the accident was due to the negligence of both the drivers and that the deceased was working in a juice shop, earning Rs.7,174.00 p.m. as wages and the petitioner has lost her husband at young age and as such, she is entitled for compensation.