LAWS(KAR)-2018-4-188

RAHIBAI W/O NARAYAN KUCHEKAR Vs. P MUTHUSAMY

Decided On April 13, 2018
Rahibai W/O Narayan Kuchekar Appellant
V/S
P MUTHUSAMY Respondents

JUDGEMENT

(1.) Unfortunate wife filed the present appeal for enhancement against the judgment and award dated 20.02.2015 made in MVC No.292/2013 on the file of the Claims Tribunal, Vijaypur awarding compensation of Rs.2,07,160/- with interest @ 6% p.a. from the date of petition till realization.

(2.) It is the case of the claimant that on 12.12.2012 at about 5.45 p.m. deceased Narayan along with his relative was standing by the side of the road in front of electric shop of Shahir Kuchekar, at that time a truck bearing No.KA-01/AB-0599 came from a Mohol City side towards Kurul in high speed, in rash and negligent manner and dashed against the deceased. Due to the said impact, he sustained grievous injuries to his head and died on the spot. The jurisdictional police registered a criminal case against the driver of the lorry. The claimant has spent more than Rs.50,000/- for transportation of dead body. The deceased was aged about 62 years, was hale and healthy and he was getting pension of Rs.7,000/- per month after retirement. He was working as Accountant in Milk Dairy, Mohol, getting Rs.6,000/- per month and he was contributing entire earnings to the welfare of the family. Claimant is old aged lady was solely depending on the deceased. She has lost expected support in the old age, she was under the care and protection of her husband. First respondent is the owner and second respondent is the insurance company, both are liable to pay compensation of Rs.9,78,000/- with interest.

(3.) The first respondent placed exparte.