GIRIJA Vs. SHIVAKUMAR

JUDGEMENT

(1.) THE appellant Nos. 1 and 2 herein respectively being claimants 1 and 2 in MVC 435/04 have sought for enhancement of compensation awarded under the impugned judgment and Award dated 7th September, 2006, passed by the Prl. District Judge and mact, Gulbarga (hereinafter referred to as 'the Tribunal' for short ).

(2.) WE have heard the arguments of sri M. Moinuddin, learned counsel for the appellants and Sri Veeresh B. Patil, learned counsel for the second respondent-Insurance company. The learned Counsel for third respondent-claimant is not present. Therefore, his arguments are taken as heard. We have also perused the impugned Judgment and award and also entire material on record.

(3.) SINCE the second respondent-Insurer has not filed any appeal aggrieved by the impugned Judgment and Award, the findings of the Tribunal as to the occurrence of the accident on 2nd January, 2004 at about 11. 15 p. m. on MSK Mill Road, Gulbarga as a result of rash and negligent driving of car bearing no. KA 32 M 3174 insured with the second respondent-Insurance Company, sustaining the fatal injuries by the deceased Ravi Kumar b. Gowda Hawaldar who was the husband and father of the first and second appellant-claimants respectively and son of third respondent-Shivamma and death of the deceased as a result of the said accident on 29th February, 2004; the liability of second respondent-Insurance Company to pay the compensation to the claimants have all remained totally unchallenged. Therefore, the only point that arises for our determination in this appeal is, "whether the amount of compensation awarded by the Tribunal under the impugned, judgment and Award requires to be enhanced and if so, to what extent?" our finding on this point is in the 'affirmative' holding that the appellant-claimants 1 and 2 and also third respondent Smt. Shivamma shall be together entitled to enhanced compensation of Rs. 11,46,600/- as against rs. 8,22,8251- awarded by the Tribunal for the following reasons.