RENUKA Vs. PRECIOUS BLOOD MISSIONARIES INDIA

JUDGEMENT

(1.) The appellant No.1, aged 36 years, has lost her husband, Mr. Devaraju H. M. The appellant Nos. 2 and 3, the children, have lost their father. The appellant Nos. 4 and 5, the aged parents, have lost their son. The appellant No.6, the sister, has lost her brother. Aggrieved by the award, dated 27.03.2014, passed by the III Additional District Judge and Motor Accident Claims Tribunal at Mysore, the appellants have challenged the legality of the same. Although they have been granted a compensation of Rs.8,11,000/-, along with interest @ 6% per annum, from the date of filing of the petition till the date of realization, the appellants have still approached this Court for enhancement of compensation.

(2.) Briefly the facts of the case are that on 28.05.2013, around 12.30 p.m., Mr. Devaraju, was crossing the Bangalore-Hosur Road near Thiruvagondanahalli Gate, along with one Bheemashetty. Suddenly, a Scorpio Car, bearing registration No.KA-01/A-8214, being driven in a rash and negligent manner dashed against Mr. Devaraju, and Mr. Bheemashetty. While Mr. Devaraju died on the spot, Mr. Bheemashetty sustained grievous injuries. Since the claimants appellants lost the bread earner of the family, they filed a claim petition before the learned Tribunal. In order to support their case, they examined a single witness, and submitted seven documents. On the other hand, the Insurance Company neither examined any witness, nor submitted any document. Subsequently, the learned Tribunal has granted the compensation along with interest as aforementioned. Hence, this appeal before this Court.

(3.) Mr. H. C. Prakash, the learned counsel for the appellant, has raised the following contentions:-