LAWS(KAR)-2018-9-249

G N MANJUNATHA RAO Vs. THIRU RAMESH R

Decided On September 27, 2018
G N Manjunatha Rao Appellant
V/S
Thiru Ramesh R Respondents

JUDGEMENT

(1.) Having lost their only son, and having been granted a compensation of merely Rs. 6,06,000/- along with the interest @ 6% p.a. from the date of filing of the petition till the date of realization, the appellants have challenged the legality of the award dated 28.03.2015, passed by the Fast Track Court, MACT, Shivamogga, before this Court.

(2.) In a short compass, the facts of the case are that Mr. Girish M. Hegde, (deceased), was working as a Priest in TVL Laxmi Machine Work Limited, Coimbatore. Since Mr. Girish M. Hegde, did not report for his priestly functioning on 04.06.2011, enquiries were made by his employer. His employer located the motor bike belonging to Mr. Girish M. Hegde. On a further enquiry, he was informed that on 03.06.2011, at about 12:00 a.m., Mr. Girish M. Hegde, was riding his bike on the left side of the road at a moderate speed. Suddenly, a lorry, bearing Registration No.TN-25-X-7173, being driven rashly and negligently, dashed against the bike. Mr. Girish M. Hegde suffered grievous injuries, and expired. He was taken to the CMC Hospital. The employer went to the Hospital, and was shown the dead body. Thereafter, a complaint was lodged in Sulur Police Station.

(3.) Since the claimants - appellants lost their only son, they filed the claim petition before the learned Tribunal. In order to support their case, they examined two witnesses, including Mr. K. Rajendra, the employer, and submitted twenty documents. Although the Insurance Company did not examine any witness, it did submit one document. Subsequently, the learned Tribunal granted the compensation as aforementioned. Hence, this appeal for enhancement.