LALITHAMMA Vs. SIDDAVEERAPPA

JUDGEMENT

(1.) The appellant No.1, having lost her husband, Mr. Prakash, and the appellant Nos. 2 and 3, having lost their father, have challenged the legality of the award, dated 08.04.2015, passed by the Principal Senior Civil Judge and Member, MACT-IV, whereby the learned Tribunal has granted a compensation of Rs.3,03,000/-, along with interest @ 6% per annum, from the date of filing of the petition till the date of realization.

(2.) Briefly the facts of the case are that on 06.03.2011, around 7.00 p.m., Mr. B. G. Prakash, and Mr. Siddaveerappa, were going on a motorcycle from Yelebethur Village to Nagarakatte Village. While Mr. Siddaveerappa was riding the motorcycle, Mr. B. G. Prakash was the pillion rider. However, Mr. Siddaveerappa drove the two wheeler in such a rash and negligent manner that eventually, he lost control over the vehicle. The motorcycle skidded on the road. Both the persons suffered grievous injuries. Immediately, Mr. B. G. Prakash was rushed to Bapuji Hospital. However, he succumbed to the injuries on the same day. 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 cases, they examined appellant No.3 as a sole witness, and submitted seven documents. On the other hand, the Insurance Company examined eight witnesses, and submitted sixteen documents. After appreciating the evidence, the learned Tribunal granted the compensation as aforementioned. Hence, this appeal for enhancement.

(3.) Ms. Haleema Ameen, the learned counsel for the appellants, has raised the following contentions before this Court: -