VIJAYA Vs. RUKHMINI BAI

JUDGEMENT

(1.) THE judgment and award dated 22-05-1997 passed in MVC No. 621/1992 by the Prl. Civil judge and Addl. MACT, Belgaum, has been assailed by the claimants seeking enhancement of compensation in the matter relating to death of husband of the first appellant and father of appellants 2 to 4. In fact, the mother of the deceased, one of the dependants, was also in the party array when the claim was instituted, but she expired at the stage of appeal.

(2.) THE claimants have basically challenged the award pointing out inadequacy in determining the loss of dependency to the claimants. As the respondent owner and the Insurer of the offending vehicle have not challenged the award, we confine our determination only to the points urged on behalf of the claimants regarding quantification of loss of dependency as also grant of compensation under the conventional heads.

(3.) THE case of the claimants is that on 21-02-1992 at about 1-00 PM Balasaheb Kulkari, a practicing Advocate was proceeding on Poona Bangalore Road, Belgaum City. As he reached a corner a truck bearing registration No. TAS 4200 driven by its driver - first respondent in a rash negligent and recklessly at a high speed hit against him, as a result of which he suffered Injuries and was Immediately shifted to KLE Hospital, where first aid has been administered to him. Thereafter, he was under treatment and on 27-03-1992, he succumbed to grievous injuries sustained in the accident occurred on 21-02-1992, resulting in total loss of dependency to the claimants, who are mother, wife and children. The claimants claim pecuniary compensation on the basis he had a regular income of Rs. 3,000/- from legal practice and was a very affectionate husband and father. He wished to educate his children and therefore, was contributing entire earning to the family. They also mentioned about expenditure incurred by them to provide him treatment to save his life. They contend that they are entitled for a global compensation of Rs. 7 lakh.