SHANTHA Vs. SAMIR

JUDGEMENT

(1.) The appellant No.1 having lost her husband, and the appellant No.2 having lost her father, have challenged the legality of the award, dated 24.08.2018, passed by the Senior Civil Judge and J.M.F.C. and A.M.A.C.T, Thirthahalli, whereby for the death of Mr. Ganesh, the learned Tribunal has granted a compensation of Rs.6,40,000/- along with interest @ 6% per annum, from the date of filing of the petition till the date of deposit.

(2.) Briefly stated, the facts of the case are that on 16.04.2014, Mr. Ganesh was returning to his house, on his Scooty, along with Sumanth, and Nuthan. However, when they reached Doddamanekeri on Agumbe-Thirthahalli Main Road, suddenly, a Omni van, bearing registration No.KA-14- M3988, being driven rashly and negligently, came and dashed against the Scooty. Consequently, the passengers of the Scooty fell, and sustained injuries. Despite the best efforts, Mr. Ganesh, succumbed to the injuries suffered by him. Since the 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 eleven documents. On the other hand, the Insurance Company did not examine any witness, but did submit a document. After appreciating the evidence, the learned Tribunal granted the compensation as aforementioned. Hence, the appeal for enhancement.

(3.) Mr. U. Panduranga Nayak, the learned counsel for the appellants, submits that according to the appellants, the deceased was working as a mason, and was earning Rs.2,00,000/- per year. However, as no documentary evidence was submitted to support this plea, the learned Tribunal has notionally assessed the income of the deceased as Rs.5,000/- per month. According to the learned counsel, while notionally assessing the income, the learned Tribunal is required to rely upon the Schedule prepared by this Court for the purpose of Lok Adalat. According to the said Schedule, for the accident of 2014, the income should be notionally assessed as Rs.8,500/-. Therefore, according to the learned counsel, the income of the deceased needs to be enhanced from Rs.5,000/- to Rs.8,500/- per month.