LAWS(KAR)-2018-4-554

SMT. RAJASHRI AND OTHERS Vs. VINAY AND OTHERS

Decided On April 25, 2018
Smt. Rajashri And Others Appellant
V/S
Vinay And Others Respondents

JUDGEMENT

(1.) The claimants are before this Court in this appeal seeking for enhancement of compensation granted in M.V.C.No.1786 of 2012, on the file of the I Addl. Senior Civil Judge and MACT, Belagavi (for short, 'the Tribunal').

(2.) The claimants are the wife, children and mother of the deceased Vadiraj Shrikanth Revankar, who died in a road accident which took place on 11.09.2010. While the deceased was driving a car bearing No.GA-01/R- 3172 and proceeding towards Ankola from Kumta at Mirijan collided head on with Truck bearing No.KA- 47/1570, which was driven in a rash and negligent manner. Due to the said head on collusion, the deceased died on the spot. The claimants filed a claim petition claiming compensation of Rs. 40,00,000/- stating that the deceased was a goldsmith and was earning a sum of Rs. 50,000/- per month.

(3.) Respondents No.1 and 2 filed their objection statement stating that the accident caused due to the rash and negligent driving of the deceased and driver of the Truck was innocent. Respondent No.2 also took up contention that there is violation of terms and conditions of the policy. Respondent No.3 has not filed any objections. Respondent No.4-insurer of the car filed its objections contending that the policy issued by it does not cover the risk of the inmates of the car in question. After enquiry, the Tribunal awarded a compensation of Rs. 10,28,000/- with interest at the rate of 6% per annum. Not being satisfied with the quantum of compensation awarded by the Tribunal, the claimants are in this appeal seeking enhancement.