SUGANDA AND ORS. Vs. SANGAMESH AND ORS.

JUDGEMENT

(1.) Appellants are the claimants. Being not satisfied with the quantum of compensation awarded in the judgment and award dated 26th September 2012 made in MVC No. 198/2012 by the Fast Track Court at Basavakalyan, District Bidar, (hereinafter referred to as 'Tribunal'), they have filed this appeal seeking for enhancement of compensation.

(2.) Appellants are the wife and minor children of one Veerayya Shivadhar. Their case is that on 25.10.2011, while the said Veerayya as a pillion rider was returning to his house on a motor bike bearing No. KA -39/J -8473 after attending a funeral ceremony of one of his relatives, due to rash and negligent riding of the said motor bike by one Nagayya as a rider had lost control over the bike and the bike got skidded. Due to that, Veerayya and Nagayya fell down and sustained grievous injuries. Immediately after the accident, Veerayya was shifted to Government Hospital, Humnabad for first aid and then to Dr. Vijay Patil, Hospital at Umerga for further treatment. Thereafter, he was shifted to Solapur for treatment and during the course of treatment, he succumbed to injuries on 12.11.2011. In the claim petition, it was contended that he was a gold smith by profession and earning a sum of Rs. 10,000/ - p.m. He was a life member of Karnataka Board Silver Worker Federation. In view of his death in the accident, the family has lost the bread earner and sought for compensation of Rs. 15,00,000/ -.

(3.) In pursuance of the notice issued by the Tribunal, though 1st respondent appeared through his counsel, he had not filed any written statement. The 2nd respondent -Insurance Company filed written statement denying the entire averments made in the claim petition and also contended that the rider of the motor bike was not having valid and effective driving license at the time of accident. Hence, the Insurance Company is not liable to pay compensation and sought for dismissal of the claim petition as against them.