SHANTAVVA W/O LATE GADIGEPPA AWARI ALIAS ELIVAL AND ANOTHER Vs. ANAND VIRUPAKSHAPPA BALLARI AND ANOTHER

JUDGEMENT

(1.) A widowed wife, and a child, who lost his father in a vehicular accident, have approached this Court with the hope that compensation awarded by the First Additional Senior Civil Judge and CJM and Addl. MACT, Dharwad, by his award dated 04.03.2015, in MVC No. 439/2013, would be enhanced by this Court.

(2.) In a nutshell, the facts of the case are that on 14.02.2013, around 9.45 p.m., Gadigeppa, the husband of appellant No. 1, and the father of appellant No. 2, was walking on side of a road with his friends after finishing his dinner. When the group of friends came near the Adargunchi Bridge, on Hubli-Lakshmeshwar road, suddenly, a lorry, bearing registration No. KA-22/B-2496, being driven in a rash and negligent manner, came from the Hubli side, and dashed against Gadigeppa. Since grievous injuries were caused by the impact, he was immediately shifted to the KIMS Hospital at Hubli. Subsequently, he was also taken to Lifeline Hospital at Hubli for treatment. However, after undergoing medical treatment for fifteen days, Gadigeppa succumbed to the injuries.

(3.) Since the appellants lost the sole bread-earner of the family, they filed a claim petition before the learned Tribunal. In order to substantiate their case, the appellant No. 1 examined herself as PW.1, and submitted twelve documents. The insurance company did not examine any witness, but did submit the insurance policy as a document. After going through the oral and documentary evidence, the learned Tribunal granted a compensation of Rs.11,37,091.00 to the appellants along with interest at the rate of 6% per annum, from the date of filing of the petition till the date of realisation. Hence, this appeal before this Court for enhancement.