SHANTABAI AND ANOTHER Vs. RAMESH AND ANOTHER

JUDGEMENT

(1.) Appellants are the claimants, being not satisfied with the quantum of compensation awarded in the judgment and award dated 12-12-2013 made in MVC No. 1612/2012 by the Motor Accident Claims Tribunal No. VII at Bijapur (hereinafter referred to as "Tribunal") have filed this appeal seeking for enhancement of compensation.

(2.) The case of the claimants/appellants is that on 4-7-2012 at about 9.30 p.m. the deceased Sunil was standing on the extreme end of the road. At that time, a Tipper Lorry bearing registration No. KA-28/B-5088 driven by its driver in a rash and negligent manner dashed against the deceased Sunil. Due to that the Sunil fell down and sustained grievous injuries. However, he succumbed to the injuries after one month. The claimants claim that, at the time of death, the deceased was aged about 22 years and earning Rs. 9,000/- per month. In view of the death of Sunil the family has lost bread earner and hence sought for compensation of Rs. 15,00,000/-.

(3.) In pursuance of the notice issued by the Tribunal, respondent No. 1 entered appearance and filed statement of objections contending that due to the negligence on the part of the deceased himself, the accident had occurred. The vehicle is insured with the second respondent and the insurer has to compensate the claimants.