SUNITA Vs. VENKATAIAH

JUDGEMENT

(1.) This appeal though listed for orders, with the consent of learned counsel for parties, is finally heard and disposed of by this order.

(2.) Claimants in MVC No.455/2013 on the file of Additional District Judge, Motor Accidents Claims Tribunal, Bidar (for short 'MACT') aggrieved by the judgment and award dated 14.03.2014 have presented this appeal for higher compensation.

(3.) Sushil Kumar s/o Shivaram, husband of first appellant, father of appellants-2 to 4 and son of appellants-5 and 6 succumbed to grievous injuries in the accident that occurred on 03.06.2013 at about 9.30 p.m. near Khanapur village while riding pillion on the motorcycle whence the driver of the lorry bearing No.AP 28/X 6579 driven in a rash and negligent manner and at a high speed, dashed against the motorcycle. Before MACT, claimants though asserted that deceased was a driver by avocation and earned Rs. 8,000/- per month with a batta of Rs. 200/- per day, nevertheless, were unable to place relevant material constituting legal evidence of the said facts, hence MACT reckoned Rs. 6,000/- per month as income of the deceased. Learned counsel submits that in the Mega Lok Adalat held by Karnataka Legal Services Authority, income of a driver during the year 2013 was reckoned as Rs. 7,500/- per month and MACT having not done so fell in error.