KRISHNABAI @ KRISHNATAI GOPAL BEDARE Vs. FEDEX EXPRESS TRANSPORTATION AND SUPPLY CHAIN SERVICES (INDIA) PVT. LTD.

JUDGEMENT

(1.) A widowed wife, and three children having suddenly lost their father, and the aged parents have challenged the legality of the award dated 26.04.2016, passed by the Additional District and Sessions Judge No. VIII, Belagavi, whereby the learned Tribunal has granted a compensation of Rs. 10,31,000.00 along with interest at 9% p.a. from the date of filing of the claim petition till the date of realisation.

(2.) Briefly the facts of the case are that, on 12.02.2015, at about 3.00 p.m., when Gopal Gangaram Bedare was returning to Belagavi from Kolhapur on his motorcycle, one container goods truck, bearing registration No. MH-06/AC-41 8. being driven rashly and negligently, came from behind, and dashed against the motorcycle of Gopal Gangaram Bedare. Consequently, Gopal Gangaram Bedare suffered injuries. Immediately, he succumbed to the injuries. Since the appellants lost the sole bread earner of the family, they filed a claim petition before the learned Tribunal. In order to substantiate their case, the appellant No. 1 was examined as P.W.l, and the appellants submitted ten documents. The Insurance Company, on the other hand, did not examine any witness, but it submitted the Insurance Policy as a document. After assessing the evidence, the learned Tribunal granted the compensation as aforementioned. Hence, this appeal for enhancement.

(3.) Sri Harish S. Maigur, the learned counsel for the appellants, has raised the following contentions before this Court:-