GANGAMMA AND ORS. Vs. K. NAGARAJ AND ORS.

JUDGEMENT

(1.) The unfortunate claimants are before this Court for enhancement of compensation against the judgment and award dated 7.1.2010 made in MVC No. 1190/2008 on the file of the Presiding Officer FTC II Member, MACT, Bellary, granting compensation of Rs. 4,29,000/ - with interest at 6% p.a. from the date of petition till the date of realization against the owner/respondent Nos. 1 and 2 jointly and dismissing the petition against the 3rd respondent - Insurance Company.

(2.) The claimants are the wife, mother and children of the deceased. They have filed claim petition claiming compensation of Rs. 13,00,000/ - on account of the unfortunate accident that occurred on 31.12.2007 at 12.30 p.m. That the deceased Honnurappa along with his younger Brother K. Shivalinga and his son claimant No. 4 Shankar were going towards Moka road to go to Dr. Parvatha Reddy Clinic, when they came near the Durgamma Temple Cross, Bellary, at that time, the 1st respondent drove his auto rickshaw bearing No. KA.28/3019 in rash and negligent manner with high speed and dashed against Honnurappa from behind, due to which, he fell down and sustained grievous injuries to his left thigh and left femur. Immediately the 1st respondent ran away from the accident spot and that deceased Honnurrappa was shifted in an autorickshaw to VIMS Hospital, Bellary. Accordingly, a crime was registered in Crime No. 1/2008 for the offence punishable under Ss. 279, 337 of IPC r/w Sec. 187 of MV Act. According to the claimants the deceased was earning Rs. 10,000/ - per month from agricultural land and milk vending and maintaining the family of the appellants. Due to the sudden death of the deceased, the appellants are deprived of love and affection of the deceased. Therefore, the claimants/appellants filed the petition for compensation as prayed for.

(3.) In response to the notice, respondent Nos. 1 and 3 appeared through Counsel. Respondent No. 2 remained absent and has been placed ex -parte. Respondent Nos. 1 and 3 have filed separate written statement denying the petition averments and factum of the accident. According to the respondents, the deceased Honnurappa was suffering from backache, while crossing the road, he fell down and died and not due to any injury caused in the accident.