SONABAI Vs. BASAWARAJ S/O SANGAPPA HADPAD

JUDGEMENT

(1.) This is claimants' appeal for enhancement of compensation against the judgment and award dated 27th December 2014 made in MVC No.477/2013 on the file of the II Addl. MACT and Addl. District and Sessions Judge, Bidar, sitting at Bhalki, ('MACT' for short) granting compensation of Rs. 9,44,000/- with 6% interest per annum, from the date of the petition till realization.

(2.) The appellants who are the claimants before the MACT filed claim petition under Section 166 of the M.V.Act claiming compensation of Rs. 30,69,000/-, contending that on 30.04.2013 at about 4.30 pm, while the deceased was just in front of his house with his TVS XL motor cycle talking to his friend, at that time, the rider of the offending Hero Honda motor cycle bearing registration No.KA-38/J-4244 came in a rash and negligent manner in a high speed and dashed against the deceased's motor cycle, as a result of which the deceased fell down on the road and suffered fatal injuries. Immediately, he was shifted to Government Hospital, Bhalki, where he was provided preliminary treatment, then he was referred to District Hospital, Bidar, and from there, he was shifted to Prayavi Hospital, Bidar, where he took treatment for four days and ultimately succumbed to the injuries on 03.05.2013. The jurisdictional police registered a criminal case against the rider of the Hero Honda motor cycle under Sections 279, 337, 338 IPC r/w Section 187 of M.V.Act and after the death of the injured, Section 340-A IPC was added.

(3.) It is contended that the deceased was aged 35 years as on the date of the accident and he was hale and healthy and was a cobbler (shoe maker) by profession earning Rs. 13,500/- per month. On account of the untimely death, the claimants have lost the love and affection, besides loss to estate and huge amount was spent towards medical treatment, etc., therefore, sought for compensation.