NIRMALA Vs. SURESH KUMAR

JUDGEMENT

(1.) Aggrieved by the award dated 25.07.2012, passed by the Motor Accident Claims Tribunal, No.XII, Vijayapur, whereby the learned Tribunal has granted the appellants a compensation of Rs.48,02,650/- with interest at the rate of 6% per annum from the date of filing of the petition till its realization, the appellants have challenged the same before this Court.

(2.) Briefly the facts of the case are that on 19.11.2009, around 7-20 a.m., Mr.Aravind Atharga left his house in order to go his BEML office, at Belawane, Mysore. He was riding his scooter. While he was riding his scooter, a school Bus, bearing No.KA-09/9868, came from behind, in a rash and negligent manner, and dashed against the scooter. Consequently, Aravind Atharga suffered severe head injuries. Immediately he was taken to Basappa Memorial Hospital. Subsequently, he was shifted to BGS Appollo Hospital, Mysore. From the date of accident, till 16.02.2010 i.e., almost all for a period of three months Mr. Aravind Atharga was in coma. He succumbed to the injuries on 16.02.2010 in the hospital.

(3.) Since the appellants lost the sole bread earner of the family, they filed a claim petition before the learned Tribunal. In order to support their case, they examined four witnesses, and submitted fifteen documents. Although, Insurance Company did not examine any evidence, but it did submit a single document. After assessing the evidence produced by both sides, as mentioned above, the learned Tribunal granted the compensation. Hence, this appeal before this court for enhancement.