NAGAMMA AND ORS. Vs. BASAVARAJ AND ORS.

JUDGEMENT

(1.) Appellants are the claimants, being not satisfied with the quantum of compensation awarded in the judgment and award dated 10.07.2013 passed in MVC No. 1070/2012 by the II Addl. Senior Civil Judge and M.A.C.T. at Gulbarga (hereinafter referred to as 'the Tribunal' for short) have filed this appeal, seeking for enhancement of compensation.

(2.) In the claim petition, the claimants have contended that on 26.04.2012 at 9.00 a.m., the husband of the first claimant and the father of claimant Nos. 2 to 4 deceased Siddappa who was working as a cleaner in a lorry bearing Reg. No. MH -32/B -4736 while proceeding from Sandur to Donimalai for the purpose of loading the mines as per the direction of respondent No. 1, due to the rash and negligent driving of the said lorry by its driver, he fell down from the lorry and sustained grievous injuries. Immediately after the accident, he was shifted to Government Hospital, Sandur. Subsequently, he succumbed to injuries. The police have registered the case against the driver of the said lorry in Crime No. 54/2012. The claimants claimed that at the time of death, deceased was aged about 43 years. He was working as a cleaner and earning Rs. 10,500/ - p.m. Due to the death of deceased, his family has lost the bread earner. Hence, sought for compensation of Rs. 21,19,900/ -.

(3.) Though respondent Nos. 1 and 2 have been served with notice, they remained unrepresented and they were placed ex -parte.