KASIM BAI Vs. HANUMA NAIK

JUDGEMENT

(1.) This is a claimants appeal against the judgment and award dated 01.01.2010 made in MVC No.1334/2008 on the file of the Presiding Officer Fast Track Court-II and Member, MACT No.X at Bellary, granting compensation of Rs.4,53,000/- with interest at 6% p.a. from the date of petition till the date of realization.

(2.) The claimants are the wife, daughters, sons and mother of the deceased have filed the claim petition alleging that on 23.2.2008 the deceased Govinda Naik along with his relative were going on Hero Majestic Moped from Nakaralu Thanda towards M.M. Halli. The deceased Govinda Naik was riding the said moped slowly and cautiously on the proper side of the road. It is alleged that at about 7.30 p.m. when they had reached Sanna Durgamma Temple on M.M. Halli H.B. Halli road an auto bearing Reg. No.KA 37/6104 came from opposite direction driven by the respondent No.1- driver in a rash and negligent manner and dashed against the vehicle driven by the deceased Govinda Naik. As a result of which, Govinda Naik and pillion rider fell down. Govinda Naik sustained grievous injuries on being shifted to private hospital at MM Halli, doctor declared him as dead. The post mortem was conducted in the Govt. Hospital at Hospet. According to the claimants the deceased was hale and healthy and aged about 39 years and was earning Rs.50,000/- by agriculture and Rs.4,000/- per month by doing mason work. Therefore, the claimants have sought for enhancement of compensation as prayed for.

(3.) Upon service of notice respondent No 2 filed statement of objections admitting the fact that minidor Auto bearing registration No.KA.37/6104 was insured with the 2nd respondent and policy was in force as on the date of the accident, but denied that the 1st respondent had no valid driving license to drive particular type of vehicle etc., and also denied the age, avocation, income of the deceased and sought for dismissal of the claim petition.