SAVITHA AND ORS. Vs. VIJENDRA AND ORS.

JUDGEMENT

(1.) Claimants have filed an appeal for enhancement of compensation and Insurance also filed an appeal challenging the judgment and award praying for setting aside the order of the Tribunal.

(2.) The claim was filed under Sec. 166 of the M.V. Act, seeking compensation for having sustained injuries in the road traffic accident. During the pendency of the said petition, petitioner died. Hence, his legal representatives were brought on record and prayer was amended to award a compensation under the head loss of dependency' and treat the claim petition as filed by legal representatives of the petitioner.

(3.) It is stated by the claimants before the Tribunal that when the deceased was walking along with his brother -in -law on 23.3.2015 at about 4.30 p.m., a goods Auto bearing registration No. KA -18 -7005 belonging to first respondent before the Tribunal came in a rash and negligent manner and dashed against the deceased Yogendra resulting in sustaining grievous injury to the spinal cord. He was shifted to local hospital immediately. Thereafter, for further treatment, he was taken to KMC hospital and was treated for a period of one month till 5.11.2008. The driver of the offending vehicle has been charge sheeted for an offence punishable under Sec. 304(A) IPC. Considering the case of the claimants, the Tribunal has awarded a compensation of Rs. 4,48,000/ -.