SHANTABAI Vs. ISMAIL S/O GULMANBISAB AND OTHERS

JUDGEMENT

(1.) Appellant is the claimant, being not satisfied with the quantum of compensation awarded in the judgment and award dated 12-01-2015 passed in MVC No. 335/2014 by the II-Addl. Dist. & Sessions Judge at Raichur (hereinafter referred to as "Court below") has filed this appeal, seeking for enhancement of compensation.

(2.) The appellant herein filed a claim petition before the Court below contending that on 05-09-2013 at about 10:30 a.m., the husband of the claimant was proceeding infornt of their house towards outside by walking on extreme side of the road. At the time, a lorry bearing No. AP-21/W-5277 driven by its driver in a rash and negligent manner, initially dashed against the bicycle, thereafter dashed against the husband of the claimant and then it was dashed against the electric pole and also a scooter. Due to that, husband of the claimant has sustained grievous injuries to his head, hands, legs, stomach and other vital parts of the body. However, during the course of treatment, he died at VIMS Hospital, Bellary on 11-09-2013. The claimant claimed that she has spent huge money for treatment and transportation of dead body and funeral expenses. She further claimed that at the time of death, the deceased was aged about 60 years and he was getting monthly pension of Rs. 10,250/-. After retirement, he was working in a private institution and earning Rs. 4,500/- per month. Hence, sought for compensation of Rs. 18,60,000/-.

(3.) In pursuance of the notice issued by the Court below, the third respondent - insurance company had entered appearance, filed the written statement and defended the case.